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PITT NEWS v. PAPPERT

No. 03-1725.

379 F.3d 96 (2004)

The PITT NEWS, Appellant v. Gerald J. PAPPERT, in his capacity as Attorney General of the Commonwealth of Pennsylvania; Frank 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 July 29, 2004.

Attorney(s) appearing for the Case

Witold J. Walczak (argued), American Civil Liberties Union, Pittsburgh, PA, for Appellant.

J. Bart DeLone (argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, for Appellee.

Gayle C. Sproul, Levine, Sullivan, Koch & Schultz, Yardley, PA, for Amicus Curiae The Student Press Law Center, PA Newspaper Association, and Reports Committee for Freedom of the Press.

Before ALITO, CHERTOFF, Circuit Judges, and DEBEVOISE, Senior District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge.

The case concerns the constitutionality of a Pennsylvania law that bans advertisers from paying for the dissemination of "alcoholic beverage advertising" by communications media affiliated with a university, college, or other "educational institution." The Pitt News, a university newspaper, sought an injunction against enforcement of the law, but the District Court granted summary judgment for the defendants...

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