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ADVENTURE COMMUNICATIONS v. KENTUCKY REGISTRY OF ELEC. FIN.

No. 98-2778.

191 F.3d 429 (1999)

ADVENTURE COMMUNICATIONS, INCORPORATED, a West Virginia corporation; Gateway Communications, Incorporated, a Delaware corporation; Harvit Broadcasting Corporation, a West Virginia corporation; Heritage Media, Incorporated, a Delaware corporation; Lee Enterprises, Incorporated, a Delaware corporation; Sullivan Broadcasting of West Virginia, Incorporated, a Delaware corporation, Plaintiffs-Appellees, v. KENTUCKY REGISTRY OF ELECTION FINANCE, Defendant-Appellant, Illinois Broadcasters Association; Indiana Broadcasters Association; Missouri Broadcasters Association; Ohio Association of Broadcasters; Tennessee Association of Broadcasters; The West Virginia Broadcasters Association; Ken Heckler, Secretary of the State of West Virginia; Common Cause of Kentucky and West Virginia, Parties in Interest.

United States Court of Appeals, Fourth Circuit.

Decided: September 9, 1999.

Attorney(s) appearing for the Case

ARGUED: Sheryl G. Snyder, Brown, Todd & Heyburn, P.L.L.C., Louisville, Kentucky, for Appellant. David Allen Barnette, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Appellees. ON BRIEF: Ancil G. Ramey, George E. Carenbauer, Steptoe & Johnson, Charleston, West Virginia, for Appellant.

Before WILKINSON, Chief Judge, and TRAXLER and KING, Circuit Judges.

Reversed by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge Wilkinson and Judge King joined.

OPINION

TRAXLER, Circuit Judge:

At issue in this appeal is a Kentucky statute imposing reporting requirements upon broadcast media that sell advertising time to Kentucky gubernatorial candidates. The sweep of the statutory scheme encompasses appellees — a number of nonresident television and radio broadcasters located in West...

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