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 Authors Guild; The Thomas Jefferson Center for the Protection of Free Expression, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 25, 1999.
Decided June 23, 2000.
Attorney(s) appearing for the Case
ARGUED: William Henry Hurd, Senior Counsel 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, Wilkie, 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 WILKINSON, Chief Judge, WIDENER, MURNAGHAN, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Reversed by published opinion. Judge WILKINS wrote the majority opinion, in which Judges WIDENER, NIEMEYER, LUTTIG, WILLIAMS, TRAXLER, and HAMILTON joined. Judge LUTTIG wrote a concurring opinion; Judge HAMILTON wrote a concurring opinion; and Chief Judge WILKINSON wrote an opinion concurring in the judgement. Judge MURNAGHAN wrote a dissenting opinion, in which Judges MICHAEL, DIANA GRIBBON MOTZ and KING joined.
OPINION
WILKINS, Circuit Judge:
Appellees...
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