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CALIFORNIA FIRST AMENDMENT COALITION v. WOODFORD

No. 00-16752.

299 F.3d 868 (2002)

CALIFORNIA FIRST AMENDMENT COALITION; Society of Professional Journalists, Northern California Chapter, Plaintiffs-Appellees, v. Jeanne WOODFORD, Acting Warden, San Quentin Prison; Calterhune, Director of California Department of Corrections, Defendants-Appellants, and Arthur Calderon, Warden; James Gomez, Director, Department of Corrections, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2002.

Attorney(s) appearing for the Case

Thomas S. Patterson, Deputy Attorney General, San Francisco, CA, for the defendants-appellants.

David M. Fried, (argued) Law Offices of David M. Fried; Alan L. Schlosser, American Civil Liberties Union Foundation of Northern California, Jeffrey S. Ross, Craig E. Stewart and Michael J. Kass, Pillsbury Winthrop LLP, San Francisco, CA, for the plaintiffs-appellees.

Roger R. Myers and Lisa M. Sitkin, Steinhart & Falconer, San Francisco, CA, for the amici curiae Associated Press; Cable News Network; The Copley Press, Inc.; The Hearst Corporation dba the San Francisco Chronicle; Los Angeles Times Communications LLC dba the Los Angeles Times; The McClatchy Company dba The Sacramento Bee; Media News Group, Publisher of the Oakland Tribune and Marin Independent-Journal; and The California Newspaper Publisher's Association.

Before BRIGHT, B. FLETCHER and FISHER, Circuit Judges.

OPINION

FISHER, Circuit Judge.

This appeal concerns the restriction on viewing lethal injection executions imposed on the public and the press by San Quentin Institutional Procedure 770. We hold that Procedure 770 is an exaggerated, unreasonable response to prison officials' legitimate concerns about the safety of prison staff and thereby unconstitutionally restricts the public's First Amendment right to view executions from the moment the

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