City of Fresno v. Press Communications, Inc.

In this appeal we are asked to decide whether the City of Fresno’s municipal ordinance which restricts the door-to-door distribution of certain categories of written materials is constitutional. We are concerned with two parts of the ordinance. First, the ordinance prohibits-door-to-door distribution of advertisements and unauthorized newspapers when the owner or occupant of a residence or business has posted a sign prohibiting such distribution. Second, the ordinance prohibits door-to-door distribution of campaign materials, advertisements and unauthorized newspapers when it is reasonably apparent the previous day’s distribution has not been removed or the property is vacant. We hold both parts of the ordinance restrict the distribution of certain categories of protected speech and the press to the exclusion of other categories, and the City of Fresno failed to carry its burden of demonstrating a content-neutral justification for the disparate treatment.

Background

Fresno Municipal Code section 8-808 provides:

Appellant, Mark Jackson, is president of Press Communications, Inc., which publishes Metronews, a local newspaper with a weekly circulation of approximately…