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ARIZONA RIGHT TO LIFE POLITICAL ACTION v. BAYLESS

No. 01-17065.

320 F.3d 1002 (2003)

ARIZONA RIGHT TO LIFE POLITICAL ACTION COMMITTEE, Plaintiff-Appellant, v. Betsy BAYLESS; Janet Napolitano, in her official capacity as the Arizona Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2003.

Attorney(s) appearing for the Case

James Bopp, Jr. and Eric C. Bohnet, Bopp, Coleson & Bostrom, Terre Haute, IN, and Douglas V. Drury, Mueller & Drury, P.C., Scottsdale, AZ, for the appellant.

Janet Napolitano, Attorney General, Patrick Irvine, Solicitor General, and Joseph A. Kanefield, Assistant Attorney General, Phoenix, AZ, for the appellee.

Before McKEOWN and PAEZ, Circuit Judges, and POLLAK, District Judge.

OPINION

McKEOWN, Circuit Judge.

Negative political advertising is nothing new. Whether the mudslinging came in the form of name calling by Abraham Lincoln's detractors,1 taunts about Grover Cleveland's draft-dodging and his illegitimate child—"Ma, Ma, where's my pa?"2 — or the more recent and memorable Willie Horton incident—linking Governor Michael Dukakis with a furloughed convict...

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