United States Court of Appeals for the Ninth Circuit
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AMERICAN BROADCASTING COMPANIES, INC.; ASSOCIATED PRESS; CABLE NEWS NETWORK; CBS BROADCASTING INC.; FOX No. 07-15227 NEWS NETWORK; NBC UNIVERSAL, INC., D.C. No. Plaintiffs-Appellants, CV-06-01268- PMP/RJJ v. OPINION ROSS MILLER*, in his official capacity as the Secretary of State of Nevada, Defendant-Appellee. Appeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding Argued and Submitted October 23, 2008—San Francisco, California Filed December 12, 2008 Before: J. Clifford Wallace, Sidney R. Thomas, and Susan P. Graber, Circuit Judges. Per Curiam Opinion *Ross Miller is substituted for his predecessor, Dean Heller, as Secre- tary of the State of Nevada. Fed. R. App. P. 43(c)(2). 16405 AMERICAN BROADCASTING COMPANIES v. MILLER 16407 COUNSEL J. Colby Williams (argued), Campbell & Williams, Las Vegas, Nevada; for the plaintiffs-appellants. Nhu Q. Nguyen (argued), Senior Deputy Attorney General, Carson City, Nevada; for the defendant-appellee. OPINION PER CURIAM: Six media corporations (“Media Corporations”) filed a civil rights suit against the Nevada Secretary of State pursuant to 42 U.S.C. § 1983, seeking declaratory and injunctive relief allowing them to conduct exit polling in the November 2006 general election. Specifically, the Media Corporations argued that section 293.740 of the Nevada Revised Statutes imper- missibly restricted their free speech rights in violation of the First and Fourteenth Amendments, respectively, by making it unlawful for any person to speak to a voter on the subject of marking his or her ballot within 100 feet of a polling place’s entrance.
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