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NATIONAL BROADCASTING CO., INC. v. COLBURG

No. CV 88-44-H-CCL.

699 F.Supp. 241 (1988)

NATIONAL BROADCASTING COMPANY, INC., Plaintiff, v. Dolores COLBURG, in her official capacity as Commissioner of Political Practices for the State of Montana, and Michael Greely, in his official capacity as Attorney General of the State of Montana, Defendants.

United States District Court, D. Montana, Helena Division.

On Motion For Judgment on the Pleadings November 3, 1988.

Attorney(s) appearing for the Case

Sidney R. Thomas, Moulton, Bellingham, Longo & Mather, Billings, Mont., Floyd Abrams, Susan Buckley, Cahill, Gordon & Reindel, New York City, for plaintiff.

Michael Greely, Atty. Gen., Patricia Schaeffer, Helena, Mont., for defendants.

MEMORANDUM AND ORDER

LOVELL, District Judge.

Plaintiff ("NBC") complains of the constitutional invalidity of that portion of Montana Code Annotated § 13-35-211(3)* which prohibits any person within 200 feet of any building in which an election is being held from asking voters for whom they voted. The statute is assailed as a content-based prohibition violating the first and fourteenth amendments. NBC's complaint, however...

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