Misc. 13-02 Motion for Leave to File as Amici Curiae (FISC 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 12, 2013.
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UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE \VASHINGTON, D.C. In re Orders Issued by This Court Interpreting Section 215 of the Patriot Act In re Motion for Declaratory Judgment of A First Amendment Right to Publish Aggregate Information About FISA Orders In re Motion to Disclose Aggregate Data Regarding F ISA Orders cou im:1 3JUL 15 Pi1 Li: 51 Docket No. Misc. 13-02 Docket No. Misc. 13-03 Docket No. Misc. 13-04 MOTION OF THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, ABC, INC., THE ASSOCIATED PRESS, BLOOMBERG L.P., DOW JONES & COMPANY, INC., GANNETT CO., INC., LOS ANGELES TIMES, THE MCCLATCHY COMPANY, NATIONAL PUBLIC RADIO, INC., THE NEW YORK TIMES COMPANY, THE NEW YORKER, THE NEWSWEEK/DAILY BEAST COMPANY LLC, REUTERS AMERICA LLC, TRIBUNE COMPANY, AND THE WASHINGTON POST FOR LEAVE TO FILE BRIEF AS AAIICI CURIAE IN SUPPORT OF THE MOTION FOR THE RELEASE OF COURT RECORDS AND THE MOTIONS FOR DECLARATORY JUDGMENT Bruce D. Brown Gregg P. Leslie Robert J. Tricchinelli The Reporters Committee for Freedom of the Press 1101 Wilson Blvd., Suite 1100 Arlington, VA 22209 Counsel for Amici Curiae Julyl5,2013 The Reporters Committee for Freedom of the Press, ABC, Inc., The Associated Press, Bloomberg L.P., Dow Jones & Company, Inc., Gannett Co., Inc., Los Angeles Times, The McClatchy Company, National Public Radio, Inc., The New York Times Company, The New Yorker, The Newsweek/Daily Beast Company LLC, Reuters America LLC, Tribune Company, and The Washington Post move for leave to file the accompanying brief amici curiae in support of ( 1) the motion of the American Civil Liberties Union, et al., for the release of court records; (2) the motion for declaratory judgment of Google Inc.'s first amendment right to publish aggregate information about FISA orders; and (3) Microsoft Corporation's motion for declaratory judgment or other appropriate relief authorizing disclosure of aggregate data regarding any FISA orders it has received. This coalition of news media organizations writes separately in support of the communications carriers to emphasize a related point that complements the arguments of the carriers and their civil liberties amici. In addition to implicating their rights as speakers, the Google and Microsoft cases raise important concerns relating to the interests of the public in receiving information, an interest that the Supreme Court has long recognized as a separate component of the speech and press freedoms under the First Amendment. Where the communications providers are willing speakers, the public has a heightened interest in hearing their speech. That interest is heightened even more when the government is itself choosing to provide information to the public regarding issues central to the Google and Microsoft cases. The public also has a formidable First Amendment interest in hearing directly from this Court about its core judicial activities in interpreting the statutes that give rise to its jurisdiction. The way the public learns about any tribunal's activities is chiefly through its opinions, and thus the news media coalition also tiles in support of the request for public access to this Court's interpretations of Section 215 of the Patriot Act that address the meaning, scope, and constitutionality of this law. Counsel for all parties have consented to the filing of the accompanying brief. Dated: July 15, 2013 Respectfully submitted, Bruce D. Brown Gregg P. Leslie Robert J. Tricchinelli The Reporters Committee for Freedom of the Press 1101 Wilson Blvd., Suite 1100 Arlington, VA 22209 Phone: 703-807-2100 bbrown@rcfp.org Counsel for Amici Curiae CERTIFICATE OF SERVICE I, Bruce D. Brown, certify that on July 15, 2013, a copy of this motion, together with the accompanying brief of amici curiae, were served on the following by in-person delivery: Christine Gunning Litigation Security Group U.S. Department of Justice 2 Constitution Square 145 N ST NE, Suite 2W-l 15 Washington, DC 20530 christine.e.gunning@usdoj.gov I further certify that this motion and the accompanying brief were served on the following by electronic mail: Alex Abdo American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 aabdo@aclu.org Counsel for the American Civil Liberties Union Albert Gidari Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 9810 l agidari@perkinscoie.com Counselfor Google Inc. James M. Garland Covington & Burling LLP 1201 Pennsylvania Avenue NW Washington, DC 20004 jgarland@cov.com Counsel for Microso.fi Corporation Bruce D. Brown
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