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HIPPOPRESS v. SMG

No. 2002-786.

150 N.H. 304 (2003)

HIPPOPRESS, LLC v. SMG (A PENNSYLVANIA PARTNERSHIP) d/b/a SMG OPERATIONS & a.

Supreme Court of New Hampshire.

Opinion Issued December 8, 2003.

Attorney(s) appearing for the Case

Boutin & Associates, P.L.L.C., of Londonderry (Brenda E. Keith on the brief and orally), for the plaintiff.

Devine, Millimet & Branch, P.A., of Manchester (Alexander J. Walker, Jr. & a. on the brief, and Mr. Walker orally), for defendants SMG and The City of Manchester.

Malloy & Sullivan, P.C., of Manchester (Gregory V. Sullivan on the brief and orally), for defendant The Union Leader Corporation.

Edward T. Clancy, of Dover, on the brief, for the New Hampshire Civil Liberties Union, as amicus curiae.

BRODERICK, J.

The defendants, SMG, the City of Manchester (City) and the Union Leader Corporation (Union Leader), appeal an order of the Superior Court (Brennan, J.) ruling that SMG violated both Part I, Article 22 of the New Hampshire Constitution and the First Amendment of the United States Constitution by not allowing the plaintiff, HippoPress, LLC (HippoPress), to distribute its newspaper in the Verizon Wireless Arena (arena). HippoPress cross-appeals that...

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