NY Judge: 1st Amendment Protects Paper Accused Of Littering
QUEENSBURY, N.Y. (AP) — A New York judge has dismissed littering charges filed against a newspaper publisher after complaints launched by people who didn't like the paper's political coverage.
The Post-Star says Queensbury Town Justice Michael Muller has ruled that the paper, called "This Week," is protected by the First Amendment and cannot legally be considered "refuse, trash or litter."
Muller found that the weekly, published by The Post-Star, contained "newsworthy articles of general public interest" as well as advertising.
A group upset over Post-Star coverage of the Queensbury town supervisor race had urged residents who didn't want home delivery of "This Week" to file complaints with the sheriff's office.
The prosecutor did not oppose the paper's motion for dismissal.
Post-Star publisher Robert Forcey says he's happy with the decision.
Information from: The Post-Star, http://www.poststar.com