Woodford

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 *871 condemned is escorted into the execution chamber.

FACTUAL AND PROCEDURAL BACKGROUND

In assessing the reasonableness of Procedure 770’s viewing restriction, it is helpful to understand the execution process. California executions take place in San Quentin State Prison, in a sealed octagonal room that has four large windows facing an adjoining witness area. The witness area accommodates as many as 50 people to watch the execution, including four prison guards, 12 official witnesses, 17 news media witnesses and up to five individuals requested by the prisoner. A curtain may be drawn over the windows to obscure the witnesses’ view of the execution chamber. Approximately 25 minutes before the execution is scheduled to take place, four guards escort the condemned…