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DAILY HERALD CO. v. MUNRO

No. 86-3641.

838 F.2d 380 (1988)

The DAILY HERALD CO., American Broadcasting Cos., Inc., CBS Inc., National Broadcasting Co., Inc., and The New York Times Co., Plaintiffs-Appellees, v. Ralph MUNRO, in his official capacity as Secretary of State of the State of Washington, and Ken O. Eikenberry, in his official capacity as the Attorney General of the State of Washington, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1988.

Attorney(s) appearing for the Case

Floyd Abrams, Cahill Gordon & Reindel, New York City, and P. Cameron DeVore, Davis Wright & Jones, Seattle, Wash., for plaintiffs-appellees.

James M. Johnson, Sr. Asst. Atty. Gen., Olympia, Wash., for defendants-appellants.

Before FLETCHER, FERGUSON and REINHARDT, Circuit Judges.

FERGUSON, Circuit Judge:

Defendants, State of Washington officials, appeal the district court's decision that a Washington statute prohibiting exit polling within 300 feet of the polling place violated the First and Fourteenth Amendments as applied to plaintiffs, three television stations (American Broadcasting Companies, Inc., CBS Inc., and the National Broadcasting Company, Inc.) and two newspapers (The Daily Herald Company and The New York Times Company) ("media...

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