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RUTGERS 1000 ALUMNI v. RUTGERS

803 A.2d 679 (2002)

353 N.J. Super. 554

RUTGERS 1000 ALUMNI COUNCIL, an unincorporated organization, Plaintiff-Respondent, v. RUTGERS, The State University of New Jersey and William W. Owens, in his official capacity as Director of Marketing and Communications Services of Rutgers Magazine, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2002.

Attorney(s) appearing for the Case

Peter L. Skolnik argued the cause for appellants (Lowenstein Sandler, attorneys; Mr. Skolnik and Michael A. Norwick, on the brief).

Grayson Barber and J.C. Salyer argued the cause for respondent (Grayson Barber and American Civil Liberties Union of New Jersey Foundation, attorneys; Ms. Barber and Mr. Salyer, on the brief).

Hogan & Hartson, Drinker Biddle & Shanley and American Council of Education, attorneys for amici curiae American Council on Education, American Association of Community Colleges, American Association of State Colleges and Universities, Council for Advancement and Support of Education, and National Association of State Universities and Land-Grant Colleges (Martin Michaelson, John G. Roberts, Jr., Christopher T. Handman, Sheldon E. Steinbach, Stuart A. Law, Jr., and Brian J. Waters, of counsel and on the brief).

Before Judges WALLACE, JR., CARCHMAN and WELLS.

The opinion of the court was delivered by CARCHMAN, J.A.D.

Plaintiff Rutgers 1000 Alumni Council, the alumni branch of the "Rutgers 1000," a group of students, alumni and faculty opposed to defendant Rutgers University's ("defendant" or "University") focus on Division I athletics and membership in the Big East Conference, submitted an advertisement to the Rutgers Magazine (the Magazine). The ad "invited inquiries" and provided...

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