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FITTS v. KOLB

Civ. A. No. 3:90-2119-17.

779 F.Supp. 1502 (1991)

James A. FITTS, Drew Wilder, and the South Carolina Press Association, Plaintiffs, and Charles L. Wyrick, Jr. and the American Civil Liberties Union of South Carolina, Inc., individually, and on behalf of others similarly situated, Intervenors-Plaintiffs, v. Wade S. KOLB, Jr., in his official capacity as Solicitor, and individually, Defendant.

United States District Court, D. South Carolina, Columbia Division.

November 20, 1991.

Attorney(s) appearing for the Case

Jay Bender, Baker, Barwick, Ravenel & Bender, Columbia, S.C., for plaintiffs.

William H. Davidson, III, Naufil and Ellis, Columbia, S.C., for defendant.

Edmund H. Robinson, Shimel, Ackerman, Theos, Spar & Robinson, Charleston, S.C., for intervenors-plaintiffs.

MEMORANDUM OPINION AND ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

This is an action seeking a declaration that the South Carolina criminal libel statute1 violates the First and Fourteenth Amendments to the United States Constitution. Plaintiffs challenge both the facial validity of the statute and its application to activities related to public expression in South Carolina. The...

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