UROFSKY v. GILMORE

No. 98-1481.

167 F.3d 191 (1999)

Melvin I. UROFSKY; Paul Smith; Brian J. Delaney; Dana Heller; Bernard H. Levin; Terry L. Meyers, Plaintiffs-Appellees, v. James S. GILMORE, III, in his official capacity as Governor of the Commonwealth of Virginia, Defendant-Appellant. American Association of University Professors; The Author's Guild; The Thomas Jefferson Center for the Protection of Free Expression, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1999.


Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, Senior to the Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Marjorie Heins, American Civil Liberties Union Foundation, New York, New York, for Appellees. ON BRIEF: Mark L. Earley, Attorney General of Virginia, Peter R. Messitt, Senior Assistant Attorney General, Alison Paige Landry, Assistant Attorney General, Rita R. Woltz, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Ann Beeson, American Civil Liberties Union Foundation, New York, New York; Louis M. Bograd, American Civil Liberties Union Foundation, Washington, D.C.; Michael H. Hammer, Todd G. Hartman, Willkie, Farr & Gallagher, Washington, D.C., for Appellees. Jonathan Alger, Donna Euben, American Association of University Professors, Washington, D.C.; J. Joshua Wheeler, Robert M. O'Neil, The Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, Virginia; Edward M. McCoyd, The Authors Guild, New York, New York, for Amici Curiae.

Before WILKINS, HAMILTON, and LUTTIG, Circuit Judges.


Reversed by published opinion. Judge WILKINS wrote the majority opinion, in which Judge LUTTIG joined. Judge HAMILTON wrote a concurring opinion.

OPINION

WILKINS, Circuit Judge:

Six professors employed by various public colleges and universities in Virginia brought this action1 challenging the constitutionality of a Virginia law restricting state employees from accessing sexually explicit material on computers that are...

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