Honolulu Weekly Inc. v. Harris
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge.
We must decide whether a City and County of Honolulu ordinance violates the First Amendment or the Equal Protection Clause of the United States Constitution or the corresponding provisions of the Hawaii Constitution. The ordinance requires all publishers who wish to distribute their publications along sidewalks in the Waikiki Special District to use one of two sets of newsracks — one reserved solely for publications that charge readers and one just for free publications. We hold that the ordinance is constitutional We therefore reverse the partial summary…
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