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NATIONAL BROADCASTING CO., INC. v. CLELAND

No. 1:88-CV-320-RHH.

697 F.Supp. 1204 (1988)

NATIONAL BROADCASTING COMPANY, INC., et al., Plaintiffs, v. Max CLELAND, in his official capacities as Secretary of State of the State of Georgia and Chairman of the State Election Board, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

June 13, 1988.

Attorney(s) appearing for the Case

Matthewa Henry Patton, Judith Ann Powell, Kilpatrick & Cody, Atlanta, Ga., for plaintiffs.

Floyd Abrams, Susan Buckley, Cahill Gordon & Reindel, New York City, for defendants.

ORDER

ROBERT H. HALL, District Judge.

This is an action brought by plaintiffs National Broadcasting Company, Inc. ("NBC"), CBS Inc. ("CBS") and American Broadcasting Companies, Inc. ("ABC") challenging the constitutionality of Ga.Off'l Code Ann. § 21-2-414(a). That section of the Georgia Code makes it a misdemeanor punishable by imprisonment of up to one year or a fine of up to $1,000 or both for any person to "conduct any exit poll or public opinion...

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