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publishing company, three editions of The Arkansas Trooper (TAT),
petitioner's official magazine, were produced each year. In
preparation for publication of each edition of TAT, articles,
photographs, letters, and publicity regarding Arkansas law
enforcement activities were collected through an officer of
petitioner, reviewed by the officer of petitioner, and submitted
by the officer of petitioner to BWW.
Each edition of TAT also contained numerous advertisements
from a wide variety of Arkansas businesses, all directed at
petitioner’s members. The advertisements were solicited from
Arkansas businesses over the telephone by employees of BWW. The
advertisements generally promoted Arkansas businesses and/or
commended Arkansas law enforcement activities. BWW employees
developed the presentations to be used in soliciting the
advertisements, but the advertising presentations and the
advertising copy were subject to review and approval by
petitioner.
BWW designed the layout of each edition of TAT, printed
copies of TAT, and distributed the copies free of charge to each
member of petitioner, to advertisers who purchased advertisements
in TAT at a cost of at least $100, and to each Arkansas State
Legislator.
Each edition of TAT expressly stated that all “editorial
contributions” (namely, articles, photographs, letters, and
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Last modified: May 25, 2011