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ABC, Inc. v. Heller

(page last updated October 17, 2007 at 11:19 AM)

Case Information

All Courts: U.S. District Court for the District of Nevada (Case 2:06-cv-01268-PMP-RJJ)
Topic(s): Polling Place Press Access
State: Nevada
Date Filed: October 10, 2006
Date Ended: November 22, 2006

Issue:

Whether the state statute that prohibits Plaintiffs from conducting exit polls or from asking voters for whom they voted within 100 feet of Nevada polling places violates Plaintiffs' rights under the First Amendment to the United States Constitution as made applicable to the states through the Fourteenth Amendment.

Status:

Preliminary Injunction Granted 11/01/06. Final Judgment and permanent injunction granted 11/22/06.

District Court Documents

• COMPLAINT for Declaratory and Injunctive Relief against Dean Heller, filed by American Broadcasting Companies (filed 10/10/06)
  • Civil Cover Sheet
• Emergency MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof by Plaintiffs (filed 10/11/06)
  • Exhibit A
  • Exhibit A1
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit E1
  • Exhibit F
  • Exhibit G
  • Exhibit H
  • Affidavit 1
  • Affidavit 2
  • Affidavit 3
• ORDER re Emergency MOTION for Preliminary Injunction (entered 10/11/06)
  • Motion Hearing set for 10/31/2006
  • Defendants shall have until 10/20/06 to file and serve opposition to motion for preliminary injunction;
  • Plaintiffs shall have until 10/25/06 to reply.
• Emergency MOTION to Extend Time regarding motion for preliminary injunction, by Defendant Dean Heller (filed 10/13/06)
  • Exhibit 1
• RESPONSE to Emergency MOTION to Extend Time regarding motion for preliminary injunction, filed by Plaintiffs (filed 10/16/06)
• ORDER denying Motion to Extend Time (filed 10/18/06)
• MOTION to Dismiss and Opposition to Motion for Preliminary Injunctive Relief by Defendant Dean Heller (filed 10/20/06)
• RESPONSE to Emergency MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof; filed by Defendant Dean Heller (filed 10/25/06)
  • Exhibit A
• REPLY to Response to Emergency MOTION for Preliminary Injunction (filed 10/25/06)
  • Exhibit Blackwell I
  • Exhibit Florida Opinion
• MINUTES OF PROCEEDINGS [non-document] (entered 11/01/06)
  • Plaintiffs' Motion for Preliminary Injunction is GRANTED. Defendant's Motion to Dismiss is DENIED. The Court will issue a written ruling forthwith which contains the Court's findings of fact and conclusions of law.
• PRELIMINARY INJUNCTION - Motion for Preliminary Injunction is granted. Defendant Secretary of State is hereby enjoined from prohibiting exit polling activities of Plaintiffs within 100 feet of NV polling places on election day, 11/7/06 (entered 11/01/06)
• LETTERS from Colby Williams (filed 11/9/06)
  • Attachment 1
• Fax/LETTER from Attorney General's office (filed 11/14/06)
• STIPULATION by Plaintiffs American Broadcasting Companies (filed 11/21/06)
• Submission of PROPOSED ORDER on Stipulation (entered 11/21/06)
• FINAL JUDGMENT and Permanent Injunction. Nev. Rev. Stat. 293.740 is unconstitutional as applied to Plaintiffs' exit polling activities (entered 11/22/06)

Related Links

• News groups sue over Nev. exit poll law, Associated Press October 11, 2006

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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