FILED

FOR PUBLICATION JUN 08 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

THE ASSOCIATED PRESS, a New York No. 12-35456 corporation; IDAHO STATESMAN PUBLISHING, LLC, a Delaware limited D.C. No. 1:12-cv-00255-EJL liability company doing business as The Idaho Statesman; LEE ENTERPRISES, INCORPORATED, a Delaware ORDER AMENDING corporation doing business as The Times- OPINION 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.

Before: KOZINSKI, Chief Judge, REINHARDT and BERZON, Circuit Judges.

The opinion filed on June 8, 2012 is hereby amended by the insertion of a

footnote after line 14 of page 3, reading as follows: “Although the State was at fault,

the plaintiffs, as noted by the district court, could have mitigated this situation by

filing the lawsuit earlier, because they had notice as of February 2012 that the State

believed it was in compliance with California First Amendment Coalition.”

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