Seattle Ordinance Violates First Amendment; Yellow Pages Deemed Noncommercial Speech

A Seattle ordinance requiring the publishers of yellow pages phone directories to obtain permits, pay fees for distribution, and fund the city’s “opt-out” registries violates the publishers’ First Amendment rights, the U.S. Court of Appeals for the Ninth Circuit ruled Oct. 15 (Dex Media West Inc. v. Seattle, 9th Cir., Nos. 11-35399, 11-35787).

Judge Richard R. Clifton, writing for the court, said that the yellow pages contain more than just commercial speech and are therefore entitled to “the full protection of the First Amendment.” Under a strict scrutiny analysis, the ordinance fails to pass constitutional muster, the court ...