OREGON NEWSPAPER PUBLISHERS v. DEPT. OF CORRECTIONS

CA A97110.

966 P.2d 819 (1998)

156 Or. App. 30

OREGON NEWSPAPER PUBLISHERS ASSOCIATION, a not for profit association, J. Leroy Yorgason, its President, Willamette Valley Chapter Of Society Of Professional Journalists, a not for profit society of journalists, Rob Priewe, chapter President, The Associated Press, a not for profit news cooperative, Elaine Norton Hooker, its Chief of Bureau for Portland, Oregon, The Oregon Publishing Company, an Oregon corporation, The Oregon Association Of Broadcasters, a non-profit association, Bill Johnstone, its executive director, The Statesman Journal, a daily newspaper published in Salem, Oregon, and Julia Wallace, its Executive Editor, Petitioners, v. DEPARTMENT OF CORRECTIONS and State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided September 9, 1998.


Attorney(s) appearing for the Case

Les Swanson, Jr., Portland, argued the cause and filed the briefs for petitioners.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, P.J., and ARMSTRONG, J., and WARDEN, Senior Judge.


EDMONDS, Presiding Judge.

Petitioners raise constitutional challenges to OAR 291-024-0017(2)(b), (c) and (e), OAR 291-024-0020(3)(d)(D), OAR 291-024-0065, OAR 291-024-0070 and OAR 291-024-0080, all of which were promulgated by the Department of Corrections (Department) on February 7, 1997, regarding the witnessing of executions of prison inmates. Petitioners contend that the rules violate Article I, section 8, and Article I, section 10, of the Oregon Constitution...

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