KENTUCKY PRESS ASS'N, INC. v. COMMONWEALTH OF KENTUCKY

No. 05-5224.

454 F.3d 505 (2006)

KENTUCKY PRESS ASSOCIATION, INC., Plaintiff-Appellant, v. COMMONWEALTH OF KENTUCKY, Defendant, Janice Marshall, in her official capacity as the Clerk of the Franklin Circuit Court and The Franklin District Court and on behalf of all others similarly situated; Eleanore Garber, in her official capacity as Family Court Judge and on behalf of all others similarly situated; Deborah Deweese, in her official capacity as District Judge and on behalf of all others similarly situated, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 7, 2006.


Attorney(s) appearing for the Case

ARGUED: Jon L. Fleischaker, Dinsmore & Shohl, Louisville, Kentucky, for Appellant. D. Brent Irvin, Office of the Attorney General, Frankfort, Kentucky, for Appellees. ON BRIEF: Jon L. Fleischaker, R. Kenyon Meyer, Jeremy S. Rogers, Dinsmore & Shohl, Louisville, Kentucky, for Appellant. D. Brent Irvin, Office of the Attorney General, Frankfort, Kentucky, for Appellees. Karen Quinn, Timothy G. Arnold, Gail Robinson, Kentucky Department of Public Advocacy, Frankfort, Kentucky, for Amici Curiae.

Before: NORRIS and BATCHELDER, Circuit Judges; RICE, District Judge.


OPINION

ALICE M. BATCHELDER, Circuit Judge.

Plaintiff-Appellant Kentucky Press Association ("KPA"), a non-profit corporation whose members include newspapers throughout Kentucky, appeals the dismissal for failure to state a claim of its suit against Defendants-Appellants the Commonwealth of Kentucky and various Kentucky court officials (collectively, "the Commonwealth"), claiming violation of KPA's First Amendment...

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