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AMERICAN CIVIL LIBERTIES UNION, NV v. HELLER

No. 01-15462.

378 F.3d 979 (2004)

AMERICAN CIVIL LIBERTIES UNION OF NEVADA; Gary Peck, Plaintiffs-Appellants, v. Dean HELLER, in his capacity as Secretary of State of the State of Nevada; Brian Sandoval, in his capacity as Attorney General of the State of Nevada; State of Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 4, 2002.

Resubmitted December 18, 2003.

Filed August 6, 2004.

Attorney(s) appearing for the Case

Allen Lichtenstein and JoNell Thomas, Las Vegas, NV, for the plaintiffs-appellants.

Kateri Cavin, Victoria Thimmesch Oldenburg, and Paul G. Taggart, Office of the Attorney General, Carson City, NV, for the defendants-appellees.

Before: BROWNING, HUG, JR., and BERZON, Circuit Judges.

BERZON, Circuit Judge:

Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all.... Even the Federalist Papers, written in favor of the adoption of our Constitution, were published under fictitious names. It is plain that anonymity has sometimes been assumed...

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