Is Leaving A Free Newspaper On Your Lawn Littering? NYS Court Weighs In
A New York State Court recently ruled that leaving a free newspaper on a lawn is not littering, but instead is protected by the First Amendment.
WGRZ reported on the case, which comes out of the town of Queensbury, near Lake George. Residents were complaining of free newspapers being left on lawns and went to the courts to defend their claim that their properties were being littered on.
"...the court ruled against the complainants, saying the delivery of the newspaper is protected by the First Amendment and not littering as defined in New York vehicle and traffic laws.
"Although it can be reasonably argued that there is a substantial governmental interest in keeping communities and streetscapes 'litter free,' this statute was neither intended, nor can it be properly construed to prohibit the distribution of 'This Week' as alleged by these complainants," ruled Town Justice Michael Muller on May 2."
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