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ASSOCIATED PRESS v. STATE OF N.H.

No. 2004-830.

153 N.H. 120 (2005)

THE ASSOCIATED PRESS & a. v. THE STATE OF NEW HAMPSHIRE.

Supreme Court of New Hampshire.

Opinion Issued: December 30, 2005

Attorney(s) appearing for the Case

Orr & Reno, P.A., of Concord (William L. Chapman on the brief and orally), for the petitioners.

Kelly A. Ayotte, attorney general (M. Kristin Spath, associate attorney general, on the brief, and Mary E. Schwarzer, assistant attorney general, orally), for the State.

Douglas, Leonard & Garvey, P.C., of Concord (Charles G. Douglas, III on the brief), for Neal Kurk, as amicus curiae.

DUGGAN, J.

The petitioners, the Associated Press and other news organizations serving New Hampshire, appeal the order of the Superior Court (Fitzgerald, J.) denying their petition for a declaration that RSA 458:15-b (2004) (amended 2005) is unconstitutional and for an injunction enjoining its enforcement. We affirm in part, reverse in part and remand.

I. Background

The record supports the following facts. RSA 458:15-b was introduced...

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