THE BALTIMORE SUN CO. v. EHRLICH

No. 05-1297.

437 F.3d 410 (2006)

THE BALTIMORE SUN COMPANY; David Nitkin; Michael Olesker, Plaintiffs-Appellants, v. Robert L. EHRLICH, Jr., in his official capacity as Governor of Maryland; Shareese Deleaver, in her official capacity as Press Secretary to the Governor of Maryland; Gregory Massoni, in his official capacity as Deputy Director of Communications and Press Secretary to the Governor of Maryland, Defendants-Appellees. Leonard J. Kerpelman, Movant, and The Washington Post; The New York Times Company; Time Inc.; The Associated Press; E.W. Scripps Company; Advance Publications, Incorporated; Cable News Network, LP, LLLP; The Maryland Delaware District of Columbia Press Association; American Society of Newspaper Editors; Newspaper Association of America; The Association of Capitol Reporters and Editors; The Reporters Committee for Freedom of the Press; Society of Professional Journalists; The North Carolina Press Association; The South Carolina Press Association; Virginia Press Association, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2006.


Attorney(s) appearing for the Case

ARGUED: Charles D. Tobin, Holland & Knight, Washington, D.C., for Appellants. Margaret Ann Nolan, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees. ON BRIEF: Judith F. Bonilla, Holland & Knight, Washington, D.C.; Rachel E. Fugate, Holland & Knight, Tampa, Florida, for Appellants. J. Joseph Curran, Jr., Attorney General of Maryland, Cynthia G. Peltzman, Assistant Attorney General, William F. Brockman, Assistant Attorney General, Baltimore, Maryland, for Appellees. Kevin T. Baine, Adam L. Perlman, Zoe C. Scharff, Williams & Connolly, L.L.P., Washington, D.C., for Amici Supporting Appellants.

Before NIEMEYER, LUTTIG, and TRAXLER, Circuit Judges.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.

OPINION

NIEMEYER, Circuit Judge:

The Press Office of Maryland Governor Robert L. Ehrlich, Jr. issued the following directive on November 18, 2004:

Effective immediately, no one in the Executive Department or Agencies is to speak with [Baltimore Sun reporter] David Nitkin or [Baltimore...

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