Legal Opinion

Ad-Express, Inc. v. John F. Kirvin, Supervisor of the Town of Rotterdam, New York

Court of Appeals for the Second Circuit

Decided March 19, 1975No. 550, Docket 74-2471PublishedCited by 2 opinions

1Per curiam

This appeal presents again a slight variation of the oft-litigated issue of whether a municipality may regulate the distribution of commercial advertising without infringing rights guaranteed by the First and Fourteenth Amendments.

The issue here arises in the context of a judgment entered November 6, 1974 in the Northern District of New York, James T. Foley, Chief Judge, dismissing, for failure to state a substantial federal claim, a complaint that challenged on federal constitutional grounds 1 an ordinance of the Town of Rotterdam, New York, which prohibits distribution of advertising or…

2Cases cited4 opinions

  1. Martin v. City of StruthersSupreme Court of the United States · 1943
  2. Pittsburgh Press Co. v. Pittsburgh Commission on Human RelationsSupreme Court of the United States · 1973
  3. Breard v. AlexandriaSupreme Court of the United States · 1951
  4. Valentine v. ChrestensenSupreme Court of the United States · 1942

3Cited by2 opinions

  1. European Connections & Tours, Inc. v. GonzalesDistrict Court, N.D. Georgia · 2007
  2. Robert Rosano, as of the Estate of Mary R. Rosano v. United StatesCourt of Appeals for the Second Circuit · 2001

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