Waters

Dennis P. Riordan and Donald M. Horgan, Riordan and Horgan, San Francisco, CA, for the defendant-appellant.

Michael S. Morgan, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.

Before: A. WALLACE TASHIMA, RAYMOND C. FISHER, and MARSHA S. BERZON, Circuit Judges.

The opinion filed September 15, 2010, slip op. 14097, and reported at 622 F.3d 1075 , is amended by deleting the penultimate sentence in the third paragraph of the opinion, slip op. at 14103, 622 F.3d at 1078 , which states: and replacing it with:

With this amendment, the panel votes to deny the government's petition for panel rehearing. No further petitions for rehearing will be entertained.

TASHIMA, Circuit Judge:

In May 2001, several radical environmentalists decided to take a stand against genetic engineering. They did not protest; they distributed no literature. Instead, they opted for a more direct approach: they selected two targets that they (erroneously) believed were engaged in genetic engineering, and burnt them to the ground.

One of the targets was the office of Dr. Toby Bradshaw, a professor at the Center for Urban Horticulture at the University of Washington ("UW"). The fire,…