Judge says 1st Amendment protects paper accused of littering

QUEENSBURY, N.Y. – A New York judge has dismissed littering charges filed against a newspaper publisher after complaints from people who didn’t like the paper’s political coverage or how it was delivered.

The Post-Star says Queensbury Town Justice Michael Muller ruled that the “This Week” newspaper 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 the unsolicited 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.

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Information from: The Post-Star, http://www.poststar.com