Oregon Newspaper Publishers v. Dept. of Corrections

Filed: July 22, 1999

IN THE SUPREME COURT OF THE STATE OF OREGON

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.

(CA A97110; SC S45795)

On review from the Court of Appeals.*

Argued and submitted February 25, 1999.

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.

The decision of the Court of Appeals is reversed. Oregon Administrative Rules 291-024-0017, 291-024-0020, 291-024-0065, 291-024-0070, and 291-024-0080, are declared invalid to the extent stated in this opinion.

*Judicial Review of Department of Corrections

Administrative Rules.

156 Or App 30, 966 P2d 819 (1998).

**Kulongoski, J., did not participate in the consideration or decision of this case.