RCFP Amicus Br

Appeal: 18-1762 Doc: 29-1 Filed: 08/06/2018 Pg: 1 of 42 No. 18-1762 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT IN RE MURPHY-BROWN LLC, Petitioner. Petition for Writ of Mandamus to the United States District Court for the Eastern District of North Carolina in McKiver v. Murphy-Brown, LLC, No. 7:14-cv-180-BR, McGowan v. Murphy-Brown, LLC, No. 7:14-cv-182-BR, Anderson v. Murphy-Brown, LLC, 7:14-cv-183-BR, Gillis v. Murphy-Brown, LLC, 7:14-cv-185-BR, and Artis v. Murphy-Brown, LLC, 7:14-cv-237-BR BRIEF OF AMICI CURIAE THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS AND 11 MEDIA ORGANIZATIONS IN SUPPORT OF PETITIONER SEEKING A WRIT OF MANDAMUS Bruce D. Brown, Esq. Counsel of Record Katie Townsend, Esq. Caitlin Vogus, Esq. Sarah Matthews, Esq. THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS 1156 15th St. NW, Suite 1250 Washington, D.C. 20005 (202) 795-9300 Additional amici counsel listed in Appendix B Appeal: 18-1762 Doc: 29-1 Filed: 08/06/2018 Pg: 2 of 42 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER INTERESTS Disclosures must be filed on behalf of all parties to a civil, agency, bankruptcy or mandamus case, except that a disclosure statement is not required from the United States, from an indigent party, or from a state or local government in a pro se case. In mandamus cases arising from a civil or bankruptcy action, all parties to the action in the district court are considered parties to the mandamus case. Corporate defendants in a criminal or post-conviction case and corporate amici curiae are required to file disclosure statements. If counsel is not a registered ECF filer and does not intend to file documents other than the required disclosure statement, counsel may file the disclosure statement in paper rather than electronic form. Counsel has a continuing duty to update this information. No. __________18-1762 Caption: __________________________________________________In re Murphy-Brown Pursuant to FRAP 26.1 and Local Rule 26.1, ______________________________________________________________________________ (name of party/amicus) ______________________________________________________________________________ who is _______________________,amicus makes the following disclosure: (appellant/appellee/petitioner/respondent/amicus/intervenor) 1. Is party/amicus a publicly held corporation or other publicly held entity? YES ✔ NO 2. Does party/amicus have any parent corporations? YES ✔ NO If yes, identify all parent corporations, including all generations of parent corporations: 3. Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or other publicly held entity? YES ✔ NO If yes, identify all such owners: 09/29/2016 SCC - 1 - Appeal: 18-1762 Doc: 29-1 Filed: 08/06/2018 Pg: 3 of 42 4. Is there any other publicly held corporation or other publicly held entity that has a direct financial interest in the outcome of the litigation (Local Rule 26.1(a)(2)(B))? YES ✔ NO If yes, identify entity and nature of interest: 5. Is party a trade association? (amici curiae do not complete this question) YES NO If yes, identify any publicly held member whose stock or equity value could be affected substantially by the outcome of the proceeding or whose claims the trade association is pursuing in a representative capacity, or state that there is no such member: 6. Does this case arise out of a bankruptcy proceeding? YES ✔ NO If yes, identify any trustee and the members of any creditors’ committee: Signature: ____________________________________/s/ Bruce D. Brown Date: ___________________August 6, 2018 Counsel for: __________________________________Amici Curiae CERTIFICATE OF SERVICE ************************** I certify that on _________________August 6, 2018 the foregoing document was served on all parties or their counsel of record through the CM/ECF system if they are registered users or, if they are not, by serving a true and correct copy at the addresses listed below: _______________________________ ________________________ (signature) (date) - 2 - Appeal: 18-1762 Doc: 29-1 Filed: 08/06/2018 Pg: 4 of 42 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER INTERESTS Disclosures must be filed on behalf of all parties to a civil, agency, bankruptcy or mandamus case, except that a disclosure statement is not required from the United States, from an indigent party, or from a state or local government in a pro se case. In mandamus cases arising from a civil or bankruptcy action, all parties to the action in the district court are considered parties to the mandamus case. Corporate defendants in a criminal or post-conviction case and corporate amici curiae are required to file disclosure statements. If counsel is not a registered ECF filer and does not intend to file documents other than the required disclosure statement, counsel may file the disclosure statement in paper rather than electronic form. Counsel has a continuing duty to update this information. No. __________18-1762 Caption: __________________________________________________In re Murphy-Brown Pursuant to FRAP 26.1 and Local Rule 26.1, ______________________________________________________________________________The McClatchy Company (name of party/amicus) ______________________________________________________________________________ who is _______________________,amicus makes the following disclosure: (appellant/appellee/petitioner/respondent/amicus/intervenor) 1. Is party/amicus a publicly held corporation or other publicly held entity? ✔ YES NO 2. Does party/amicus have any parent corporations? YES ✔ NO If yes, identify all parent corporations, including all generations of parent corporations: 3. Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or other publicly held entity? ✔ YES NO If yes, identify all such owners: Chatham Asset Management, LLC and Royce & Associates, LP both own 10% or more of the common stock of The McClatchy Company. 09/29/2016 SCC - 1 - Appeal: 18-1762 Doc: 29-1 Filed: 08/06/2018 Pg: 5 of 42 4. Is there any other publicly held corporation or other publicly held entity that has a direct financial interest in the outcome of the litigation (Local Rule 26.1(a)(2)(B))? YES ✔ NO If yes, identify entity and nature of interest: 5. Is party a trade association? (amici curiae do not complete this question) YES NO If yes, identify any publicly held member whose stock or equity value could be affected substantially by the outcome of the proceeding or whose claims the trade association is pursuing in a representative capacity, or state that there is no such member: 6. Does this case arise out of a bankruptcy proceeding? YES ✔ NO If yes, identify any trustee and the members of any creditors’ committee: Signature: ____________________________________/s/ Bruce D. Brown Date: ___________________August 6, 2018 Counsel for: __________________________________Amici Curiae CERTIFICATE OF SERVICE ************************** I certify that on _________________August 6, 2018 the foregoing document was served on all parties or their counsel of record through the CM/ECF system if they are registered users or, if they are not, by serving a true and correct copy at the addresses listed below: _______________________________/s/ Bruce D. Brown ________________________August 6, 2018 (signature) (date) - 2 - Appeal: 18-1762 Doc: 29-1 Filed: 08/06/2018 Pg: 6 of 42 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER INTERESTS Disclosures must be filed on behalf of all parties to a civil, agency, bankruptcy or mandamus case, except that a disclosure statement is not required from the United States, from an indigent party, or from a state or local government in a pro se case. In mandamus cases arising from a civil or bankruptcy action, all parties to the action in the district court are considered parties to the mandamus case. Corporate defendants in a criminal or post-conviction case and corporate amici curiae are required to file disclosure statements. If counsel is not a registered ECF filer and does not intend to file documents other than the required disclosure statement, counsel may file the disclosure statement in paper rather than electronic form. Counsel has a continuing duty to update this information. No. __________18-1762 Caption: __________________________________________________In re Murphy-Brown Pursuant to FRAP 26.1 and Local Rule 26.1, ______________________________________________________________________________Tully Center for Free Speech (name of party/amicus) ______________________________________________________________________________ who is _______________________,amicus makes the following disclosure: (appellant/appellee/petitioner/respondent/amicus/intervenor) 1. Is party/amicus a publicly held corporation or other publicly held entity? YES ✔ NO 2. Does party/amicus have any parent corporations? ✔ YES NO If yes, identify all parent corporations, including all generations of parent corporations: The Tully Center for Free Speech is a subsidiary of Syracuse University. 3. Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or other publicly held entity? YES ✔ NO If yes, identify all such owners: 09/29/2016 SCC - 1 - Appeal: 18-1762 Doc: 29-1 Filed: 08/06/2018 Pg: 7 of 42 4. Is there any other publicly held corporation or other publicly held entity that has a direct financial interest in the outcome of the litigation

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