Tillman v. Distribution Systems of America, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J. P.
We hold that neither a publisher nor a distributor has any constitutional right to continue to throw a newspaper onto the property of an unwilling recipient after having been notified not to do so (see, City of Fredonia v Chanute Tribune, 7 Kan App 2d 65, 638 P2d 347). "Traditionally the American law punishes persons who enter onto the property of another after having been warned by the owner to keep off * * * [The State may leave] the decision as to whether distributers [sic] of literature may lawfully call at a home where it belongs — with the homeowner…
2Cases cited29 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
- Shelley v. KraemerSupreme Court of the United States · 1948
- Cox v. New HampshireSupreme Court of the United States · 1941
- Marsh v. AlabamaSupreme Court of the United States · 1946
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3Cited by9 opinions
- CompuServe Inc. v. Cyber Promotions, Inc.District Court, S.D. Ohio · 1997
- Miller v. Distribution Systems of America, Inc.Appellate Terms of the Supreme Court of New York · 1997
- Intel Corp. v. HamidiCalifornia Supreme Court · 2003
- Intel Corp. v. HamidiCalifornia Supreme Court · 2003
- Leyse v. Domino's Pizza LLCAppellate Division of the Supreme Court of the State of New York · 2008
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