ASSOCIATED PRESS v. OTTER

No. 12-35456.

682 F.3d 821 (2012)

The ASSOCIATED PRESS, a New York corporation; Idaho Statesman Publishing, LLC, a Delaware limited liability company doing business as The Idaho Statesman; Lee Enterprises, Incorporated, a Delaware corporation doing business as The Times-News; The Idaho Press Club, Inc., an Idaho corporation; Pioneer Newspapers, Inc., a Nevada corporation doing business as Idaho Press-Tribune, Idaho State Journal, Standard Journal, Teton Valley News, The News-Examiner, The Preston Citizen, and Messenger Index; TPC Holdings, Inc., an Idaho corporation doing business as Lewiston Tribune and Moscow-Pullman Daily News; Bar Bar Inc., an Idaho corporation doing business as Boise Weekly; Cowles Publishing Company, a Washington corporation doing business as The Spokesman-Review; Idahoans for Openness in Government, Inc., an Idaho non-profit corporation, Plaintiffs-Appellants, v. C.L. "Butch" OTTER, in his official capacity as the Governor of the State of Idaho; Robin Sandy, in her official capacity as Chairman of the Idaho Board of Correction; Howard G. "J.R." Van Tassel, in his official capacity as Secretary of the Idaho Board of Correction; Jay Nielsen, in his official capacity as Vice Chairman of the Idaho Board of Correction; Brent Reinke, in his official capacity as the Director of the Idaho Department of Correction; Kevin Kempf, in his official capacity as Division Chief of Operations of the Idaho Department of Correction, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed and Amended June 8, 2012.


Attorney(s) appearing for the Case

Charles A. Brown , Lewiston, ID, for the plaintiffs-appellants.

Lawrence G. Wasden , Attorney General; Steven L. Olsen , Chief of Civil Litigation; Michael S. Gilmore , Deputy Attorney General; Mark A. Kubinski , Lead Deputy Attorney General, Idaho Department of Correction; Thomas C. Perry , Counsel to the Governor; Boise, ID, for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges.


OPINION

REINHARDT, Circuit Judge:

Nearly a decade ago, we held in the clearest possible terms that "the public enjoys a First Amendment right to view executions from the moment the condemned is escorted into the execution chamber, including those `initial procedures' that are inextricably intertwined with the process of putting the condemned inmate to death." California First Amendment Coalition v. Woodford, 299 F.3d 868...

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