The WASHINGTON POST; The Baltimore Sun Company, LLC, d/b/a The Baltimore Sun; Capital-Gazette Communications, LLC, d/b/a The Capital; Carroll County Times, LLC, d/b/a Carroll County Times; APG Media of Chesapeake, LLC, d/b/a The Star Democrat, d/b/a The Cecil Whig, d/b/a The Maryland Independent; Community Newspaper Holdings, Inc., d/b/a The Cumberland Times-News; Ogden Newspapers of Maryland, LLC, d/b/a The Frederick News-Post; Gatehouse Media Maryland Holdings, Inc., d/b/a The Herald-Mail; Maryland-Delaware-D.C. Press Association, Inc., Plaintiffs-Appellees,
v.
David J. MCMANUS, Jr., Chairman, Maryland State Board of Elections; Patrick J. Hogan, Vice Chairman, Maryland State Board of Elections; Michael R. Cogan, Board Member, Maryland State Board of Elections; Kelley A. Howells, Board Member, Maryland State Board of Elections; Malcolm L. Funn, Board Member, Maryland State Board of Elections; Linda H. Lamone, State Administrator, Maryland State Board of Elections; Brian E. Frosh, Maryland Attorney General, Defendants-Appellants.
Campaign Legal Center; Common Cause Maryland; Brennan Center for Justice at New York University School of Law, Amici Supporting Appellant.
News Media Alliance; American Society of News Editors; The Associated Press; Associated Press Media Editors; Association of Alternative Newsmedia; Dow Jones and Company, Incorporated; The E. W. Scripps Company; Investigative Reporting Program at UC Berkeley, Graduate School of Journalism; Investigative Reporting Workshop at American University; The Media Institute; MPA-The Association of Magazine Media; National Press Photographers Association; The New York Times Company; Online News Association; Reporters Committee for Freedom of the Press; Society of Professional Journalists; Virginia Press Association; National Association of Broadcasters; NCTA-The Internet and Television Association; Institute for Free Speech, Amici Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 30, 2019.
Decided: December 6, 2019.
Attorney(s) appearing for the Case
ARGUED: Andrea William Trento , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore Maryland, for Appellants. Seth Daniel Berlin , BALLARD SPAHR LLP, Washington, D.C., for Appellees. ON BRIEF: Brian E. Frosh , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellants. Paul J. Safier , Maxwell S. Mishkin , BALLARD SPAHR LLP, Washington, D.C., for Appellees. Paul M. Smith , Erin Chlopak , CAMPAIGN LEGAL CENTER, Washington, D.C., for Amici Campaign Legal Center and Common Cause Maryland. Lawrence D. Norden , Ian Vandewalker , New York, New York, Daniel I. Weiner , BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW, Washington, D.C.; Ira M. Feinberg , New York, New York, Joseph M. Charlet , Karl M. Lockhart , Law Clerk, HOGAN LOVELLS US LLP, Washington, D.C., for Amicus Brennan Center for Justice. Allen Dickerson , Tyler Martinez , Zac Morgan , INSTITUTE FOR FREE SPEECH, Alexandria, Virginia, for Amicus Institute for Free Speech. Rick Kaplan , Jerianne Timmerman , NATIONAL ASSOCIATION OF BROADCASTERS, Washington, D.C.; Stephen B. Kinnaird , Alex Schulman , PAUL HASTINGS LLP, Washington, D.C., for Amicus National Association of Broadcasters. Rick C. Chessen , Neal M. Goldberg , NCTA — THE INTERNET & TELEVISION ASSOCIATION, Washington, D.C.; Howard J. Symons , Jessica Ring Amunson , JENNER & BLOCK LLP, Washington, D.C., for Amicus NCTA — The Internet & Television Association. Danielle Coffey , Senior Vice President, NEWS MEDIA ALLIANCE, Arlington, Virginia; Robert Corn-Revere , Chelsea T. Kelly , DAVIS WRIGHT TREMAINE LLP, Washington, D.C., for Amici News Media Alliance and 16 Media Organizations. Bruce D. Brown , Katie Townsend , THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, Washington, D.C.; Kevin M. Goldberg , FLETCHER HEALD & HILDRETH, Arlington, Virginia, for Amici American Society of News Editors, Associated Press Media Editors, and Association of Alternative News Media. Bruce Sanford , Mark I. Bailen , BAKER & HOSTETLER, Washington, D.C., for Amicus Society of Professional Journalists. Mickey Osterreicher , NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, Athens, Georgia, for Amicus National Press Photographers Association. Joseph Weissman , DOW JONES & COMPANY, INC., New York, New York, for Amicus Dow Jones & Company, Inc. Dana Green , THE NEW YORK TIMES COMPANY, New York, New York, for Amicus The New York Times Company. David M. Giles , Vice President/Deputy General Counsel, THE E.W. SCRIPPS COMPANY, Cincinnati, Ohio, for The E.W. Scripps Company. Brian Barrett , Assistant General Counsel, THE ASSOCIATED PRESS, New York, New York, for Amicus The Associated Press.
Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Motz and Judge Floyd joined.
WILKINSON, Circuit Judge:
A Maryland law requires newspapers, among other platforms, to publish on their websites, as well as retain for state inspection, certain information about the political ads they decide to carry. This case asks, at bottom, whether these terms can be squared with the First Amendment. For the reasons discussed below, we agree...
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