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THE PITT NEWS v. FISHER

No. 99-3545.

215 F.3d 354 (2000)

THE PITT NEWS, Appellant v. D. Michael FISHER, in his capacity as Attorney General of the Commonwealth of Pennsylvania; Major Francis Koscelnak, in his capacity as Director, Bureau of Liquor Control Enforcement, Pennsylvania State Police; John E. Jones, III, in his capacity as Chairman, Pennsylvania Liquor Control Board

United States Court of Appeals, Third Circuit.

Filed June 6, 2000.

Attorney(s) appearing for the Case

Michael L. Rosenfield, Pittsburgh, PA, Witold J. Walczak, (Argued), American Civil Liberties Union, Pittsburgh, PA, Attorneys for Appellant.

J. Bart DeLone, (Argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, Charles B. Schweitzer, Office of Attorney General of Pennsylvania, Pittsburgh, PA, Attorneys for Appellee

Before: MANSMANN, NYGAARD, and RENDELL, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

I. INTRODUCTION

Appellant, The Pitt News, is a student-run newspaper at the University of Pittsburgh. It sought to enjoin the enforcement of a 1996 amendment to the Commonwealth of Pennsylvania's Liquor Code, codified at 47 P.S. § 4-498(e)(5) and known as "Act 199." This amendment provides criminal sanctions against businesses that advertise alcoholic beverages in newspapers and other materials...

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