Vivian RICE, Guardian and next friend of Tamielle Horn; Marilyn Farmer, Co-personal representatives of the estate of Mildred Horn; Tiffani M. Horn, Co-personal representatives of the estate of Mildred Horn; Michael D. Saunders, Individually and next friend of Colin D. Saunders, a minor and personal representative of the estate of Janice Y. Saunders; Colin D. Saunders; Janice Y. Saunders, Plaintiffs-Appellants,
v.
The PALADIN ENTERPRISES, INCORPORATED, a/k/a The Paladin Press, Defendant-Appellee,
and
Peter C. Lund, Defendant.
David Crump, Professor of Constitutional Law and Recipient of "Friend of the First Amendment" Award; National Victim Center; Stephanie Roper Foundation, Incorporated; Victims Rights Political Action Committee; The Horror Writers Association; The Thomas Jefferson Center for the Protection of Free Expression; American Civil Liberties Union Foundation; American Civil Liberties Union of the National Capitol Area; American Civil Liberties Union of Colorado; ABC, Incorporated; America Online, Incorporated; Association of American Publishers; The Baltimore Sun Company; E.W. Scripps Company; Freedom to Read Foundation; Magazine Publishers of America, Incorporated; McClatchy Newspapers, Incorporated; Media General, Inc.; Media Professional Insurance; National Association of Broadcasters; Newspapers Association of America; The New York Times; The Reporters Committee for Freedom of the Press; Society of Professional Journalists; The Washington Post, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 7, 1997.
Decided November 10, 1997.
Attorney(s) appearing for the Case
ARGUED: Rodney Alan Smolla, Marshall-Wythe School of Law, College of William & Mary, Williamsburg, VA, for Appellants. Thomas Buchan Kelley, Faegre & Benson, L.L.P., Denver, CO, for Appellee. ON BRIEF: John Marshall, Moldawer & Marshall, Rockville, MD; Howard Siegel, Rockville, MD; Thomas L. Heeney, Heeney, Armstrong & Heeney, Rockville, MD, for Appellants. Steven D. Zansberg, Faegre & Benson, L.L.P., Denver, CO; Lee Levine, Seth D. Berlin, Levine, Pierson, Sullivan & Koch, L.L.P., Washington, DC, for Appellee. David Crump, University of Houston Law Center, Houston, TX, for Amicus Curiae Crump. Neal Goldfarb, D. Thomas Nelson, Russell Butler, Charles G. Brown, Ingersoll & Bloch, Washington, DC, for Amici Curiae National Victim Center, et al. Douglas E. Winter, Bryan Cave, L.L.P., Washington, DC, for Amicus Curiae Horror Writers Association. Robert M. O'Neil, J. Joshua Wheeler, The Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, VA; Dwight H. Sullivan, American Civil Liberties Union Foundation of Maryland, Baltimore, MD; Arthur Spitzer, American Civil Liberties Union of the National Capital Area, Washington, DC; Mark Silverstein, American Civil Liberties Union of Colorado, Denver, CO, for Amici Curiae Thomas Jefferson Center, et al. Bruce W. Sanford, Henry S. Hoberman, Michael J. Lorenger, Baker & Hostetler, L.L.P., College Park, MD, for Amici Curiae ABC, et al.
Before WILKINS, LUTTIG, and WILLIAMS, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judges WILKINS and WILLIAMS joined.
OPINION
LUTTIG, Circuit Judge:
To Those Who Think,To Those Who Do,To Those Who Succeed.Success is nothing more than taking advantage of an opportunity.A WOMAN RECENTLY ASKED HOWI could, in good conscience, write an instruction book on murder.
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