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BOEHNER v. McDERMOTT

No. 98-7156.

191 F.3d 463 (1999)

John A. BOEHNER, Appellant, v. James A. McDERMOTT, Appellee. United States of America, Intervenor for Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 24, 1999.

Attorney(s) appearing for the Case

Michael A. Carvin argued the cause for appellant. With him on the briefs was R. Ted Cruz.

Scott R. McIntosh, Attorney, U.S. Department of Justice, argued the cause for intervenor United States. With him on the briefs were Frank W. Hunger, Assistant Attorney General at the time the briefs were filed, David W. Ogden, Acting Assistant Attorney General, William B. Schultz, Deputy Assistant Attorney General, and Douglas N. Letter, Litigation Counsel.

Frank Cicero, Jr., argued the cause for appellee. With him on the brief were Christopher Landau and Daryl Joseffer.

Theodore J. Boutrous, Jr., argued the cause for amici curiae The Washington Post Company, et al. With him on the brief were Seth M.M. Stodder, Mary Ann Werner, and Jane Kirtley.

Before: GINSBURG, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Opinion filed by Circuit Judge GINSBURG concurring in the judgment and in Parts I, II.B, and II.D (except the first and last paragraphs) of the opinion for the Court.

Dissenting opinion filed by Circuit Judge SENTELLE.

RANDOLPH, Circuit Judge:

"Congress shall make no law . . . abridging the freedom of speech, or of the press." U.S. CONST. amend. I. A federal statute prohibits private parties...

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