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HORNSTEIN v. HARTIGAN

No. 86-3199.

676 F.Supp. 894 (1988)

Donald L. HORNSTEIN, doing business as Allied Publishing, Publisher of the Illinois Fireman's Friend, Plaintiff, v. Neil F. HARTIGAN, individually and as Attorney General of and for the State of Illinois, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

January 15, 1988.

Attorney(s) appearing for the Case

Charles H. Delano, Springfield, Ill., for plaintiff.

Michael W. Loker, Patricia Morris, Asst. Attys. Gen., Springfield, Ill., for defendant.

OPINION

MILLS, District Judge:

Cross motions for summary judgment.

Plaintiff challenges the constitutionality of Ill.Rev.Stat. ch. 38, ¶ 17-2(c) (1985) on First Amendment grounds.

Prior restraint on the press?

Yes.

Here are the facts. Donald Hornstein, d/b/a Allied Publishing, is the publisher of a periodical entitled "Illinois Fireman's Friend." The periodical is distributed free of charge and is subsidized entirely...

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