NEWSPAPER PUBLISHERS v. DEPT. OF CORRECTIONS

(CA A97110; SC S45795)

988 P.2d 359 (1999)

329 Or. 115

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 Oregonian 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 on Review, v. OREGON DEPARTMENT OF CORRECTIONS and State of Oregon, Respondents on Review.

Supreme Court of Oregon.

Decided July 22, 1999.


Attorney(s) appearing for the Case

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

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

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.


GILLETTE, J.

This is a proceeding under ORS 183.4001 for judicial determination of the validity of a series of rules promulgated by the respondent Oregon Department of Corrections (DOC).2 The rules impose various conditions and restrictions on persons who witness executions of sentences of death that DOC carries out. Petitioners assert that the rules are invalid on various statutory and constitutional grounds...

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