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Fitzgerald v. National Rifle Association

United States District Court for the District of New Jersey

383 F. Supp. 162 (1974)

Facts

The National Rifle Association (NRA) (defendant) had a 75-member board of directors (board). The NRA operated a publication called The American Rifleman. The publication was the NRA’s official journal, available to only NRA members. The publication was funded through NRA member dues and advertisements. Prior to the election for the board, the NRA published the list of board candidates in The American Rifleman. The publication was a vital part of the election process. Thomas Fitzgerald (plaintiff) submitted an advertisement to The American Rifleman touting his candidacy for the board. The NRA refused to publish the advertisement. Fitzgerald sued the NRA, seeking to compel publication of the advertisement.

Rule of Law

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Issue

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Holding and Reasoning (Whipple, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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