Heller

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…