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NEWTON v. NATIONAL BROADCASTING CO., INC.

Nos. 89-55220, 89-55285.

930 F.2d 662 (1990)

Carson Wayne NEWTON, aka: Wayne Newton, Plaintiff-Appellee, v. NATIONAL BROADCASTING COMPANY, INC.; Brian Elliot Ross; Ira Silverman; Paul Greenberg, et al., Defendants-Appellants. Carson Wayne NEWTON, aka: Wayne Newton, Plaintiff-Cross-Appellant, v. NATIONAL BROADCASTING COMPANY, INC.; Brian Elliot Ross; Ira Silverman; Paul Greenberg, et al., Defendants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1990.

As Amended on Denial of Rehearing and Rehearing April 5, 1991.

Attorney(s) appearing for the Case

Floyd Abrams, Ira J. Dembrow, Albert Robbins, Cahill Gordon & Reindel, New York City, and Robert S. Warren, Rex S. Heinke, Kelli L. Sager, Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendants-appellants and defendants-cross-appellees.

Morton R. Galane, Thomas J. Tanksley and Philip M. Ballif, Las Vegas, Nev., for plaintiff-appellee and plaintiff-cross-appellant.

P. Cameron DeVore, Davis Wright & Jones, Seattle, Wash., Sam Antar, Capital Cities, ABC, Inc., Douglas P. Jacobs, CBS, Inc., and Muriel Henle Reis, Fox Television Stations, Inc., New York City, for amici curiae.

Before GOODWIN, Chief Judge, NELSON and NORRIS, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 5, 1991.

WILLIAM A. NORRIS, Circuit Judge:

In the Report on the Virginia Resolutions of 1798, James Madison wrote:

In every state, probably, in the Union, the press has exerted a freedom in canvassing the merits and measures of public men, of every description, which has not been confined to the strict limits of the common law. On this footing, the freedom of the press has stood; on this...

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