The Associated Press, et al. v. Otter, et al., No. 12-35456 (9th Cir. 2012)
Annotate this CaseA coalition of media corporations filed this action under 42 U.S.C. 1983 shortly after the issuance of the warrant for Richard Leavitt. Plaintiffs asserted that, as surrogates for the public, they had a right to witness all stages of the executions conducted by the State of Idaho, rather than just the final portion, and that the State's refusal to allow such access violated the First Amendment. The court concluded that the State has had ample opportunity to adopt an execution procedure that reflected settled law, whereby the public had a First Amendment right to view executions from the moment the condemned was escorted into the execution chamber, including those initial procedures that were inextricably intertwined with the process of putting the condemned inmate to death. The State had nonetheless failed to bring its procedure into compliance with the law. Therefore, the court reversed the district court's denial of a preliminary injunction and remanded for the entry of an injunction forthwith, and in any event prior to the impending execution of Leavitt.
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