PG Publ'g Co. v. Aichele, No. 12-3863 (3d Cir. 2013)Annotate this Case
PG sued under 42 U.S.C. 1983, challenging the constitutionality of 25 Pa. Stat. 3060(d), a portion of the Pennsylvania Election Code mandating that all persons, except election officers, clerks, machine inspectors, overseers, watchers, persons in the course of voting, persons lawfully giving assistance to voters, and peace and police officers, when permitted by the provisions of this act, must remain at least ten (10) feet distant from the polling place during the progress of the voting. PG claimed that the statute infringed on its First Amendment “right to access and gather news at polling places” and that selective enforcement violated the Equal Protection Clause of the Fourteenth Amendment. The district court dismissed. The Third Circuit affirmed. There is no protected First Amendment right of access to a polling place for news-gathering purposes and there was no evidence of “invidious intent” or intentional discrimination.