06-2140 In the United States Court of Appeals For the Fourth... Circuit CACI PREMIR TECHNOLOGY, INC., and CACI INTERNATIONAL INC., Plaintif-Appellants v. RAI RHODES and PIQUANT, LLC d//a Air America Radio, Defendants-Appellees, ON APPEAL FROM TI UNITED STATES DISTRCT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION BRIEF OF AMICI CURIAE ALM MEDIA, INC., THE ASSOCIATED PRESS, COX ENTERPRISES, INC., DOW JONES & COMPANY, INC., GANNETT CO., INC., THE HEART CORPORATION, LANDMAR COMMUNICATIONS, INC., MAGAZINE PUBLISHERS OF AMERICA, INC., NBC UNIVRSAL, INC., THE NEW YORK TIMES COMPAN, NEWSPAPER ASSOCIATION OF AMRICA, NEWSWEEK, INC., THE RADIO-TELEVISION NEWS DIRECTORS ASSOCIATION, THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, TIME INC., and THE WASHINGTON POST, IN SUPPORT OF APPELLEES Jack M. Weiss Theodore B. Olson Joshua Wilkenfe1d Theodore J. Boutrous, Jr. Laura M. Leitner GIBSON, DUN & CRUTCHER LLP GIBSON, DUN & CRUTCHER LLP Attorneysfor Amici Curiae Attorneys for Amici Curiae 1050 Connecticut Avenue N.W. 200 Park Avenue Washington, DC 20036 New York, New York 10166 (202) 955-8500 (212) 351-4000 OF COUNSEL: NBC UNIVERSAL, INC. ALM MEDIA, INC. Craig Bloom Allison C. Hoffman 30 Rockefeller Plaza Fabio B. Bertoni New York, NY 10112 345 Park Avenue South New York, NY 10010 THE NEW YORK TIMES COMPANY David E. McGraw THE ASSOCIATED PRESS 229 West 43rd Street David H. Tomlin New York, NY 10036 450 W. 33rd Street New York, NY 10001 NEWSPAPER ASSOCIA nON OF AMERICA René P. Milam Cox ENTERPRISES, INC. 4401 Wilson Boulevard, Suite 900 Andrew Merdek Arlington, Virginia 22203 Dale Cohen 6205 Peachtree Dunwoody Road NEWSWEEK, INC. Atlanta, Georgia 30328 Stephen Fuzesi, Jr 251 West 57th Street Dow JONES & COMPANY, INC. New York, NY 10019 Stuart D. Karle 200 Liberty Street THE RADIO-TELEVISION NEWS DIRECTORS New York, NY 10281 ASSOCIA TION Kathleen A. Kirby GANNETT CO.., INC. Wiley Rein LLP Barbara W. Wall 1776 K Street, N.W. Mark E. Faris Washington, DC 20006 7950 Jobes Branc McLean, VA 22107 THE REpORTERS COMMITTEE FOR FREEDOM OF THE PRESS THE HEARST CORPORATION Lucy A. Dalglish Eve B. Burton Gregg P. Leslie Jonathan R. Donnellan 1101 Wilson Blvd., Suite 1100 300 West 57th Street, 40th Floor Arlington, Virginia 22209 New York, NY 10019 TIME INC. LANDMARK COMMUNICATIONS, INC. Robin Bierstedt Guy R. Friddell, III 1271 Avenue of the Americas 150 W. Brambleton Avenue New York, NY 10020 Norfolk, VA 23510 THE WASHINGTON POST MAGAZINE PUBLISHERS OF AMERICA, INC. Mary An Werner Chrstopher J. Nolan Eric Lieberman 810 Seventh Avenue J ames McLaughlin New York, NY 10019 1150 15th Street, NW Washington, DC 20071 11 CORPORATE DISCLOSUR STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, counsel for Amici Curiae certify the following: 1. ALM Media, Inc. ("ALM") is a privately-held corporation. ALM publishes 33 national and regional magazines and newspapers, including The American Lawyer, the New York Law Journal, Corporate Counsel, and The National Law Journal as well as the website Law.com. Many of ALM's publications have long histories of reportng on legal issues and serving their local legal communities. ALM's The Recorder, for example has been published in Northern California since 1877; the New York Law Journal was begun a few years later, in 1888. ALM's publications have won numerous awards for their coverage of critical national and local legal stories, including many stories that have been later picked up by other national media. 2. The Associated Press ("AP") is a global news agency organized as a mutual news cooperative under the New York Not-for-Profit Corporation Law. AP's members include approximately 1,500 daily newspapers and 5,000 broadcast news outlets throughout the United States. AP has its headquarers and main news operations in New York City and maintains offices in 240 cities worldwide. AP news reports in print and electronic formats of every kind reach a subscriber base that includes newspapers, broadcast stations, news networks and online information distrbutors in 121 countres. The Associated Press is not a publicly held corporation and does not have a parent corporation. 3. Cox Enterprises, Inc. ("CEI") is a Delaware privately held corporation. CEI's indirect subsidiaries include corporations which have facilities and publish, own and operate news media, including television stations, such as WSOC- TV in Charlotte, newspapers, and majority-owned, publicly-traded Cox Radio, Inc., which owns and operates radio stations in the Greenville, SC market. In addition, CEI subsidiary Cox Communications, Inc. operates numerous cable television/roadband systems, including several systems based in northern Virginia. 4. Dow Jones & Company, Inc. ("Dow Jones") is a publicly-held corporation traded on the New York Stock Exchange. Dow Jones has no parent corporation and no publicly held corporation owns 10% or more of its stock. Dow Jones publishes The Wall Street Journal, a daily newspaper with a national circulation of over 2 million each business day, WSJ.com, a news website with more than 750,000 paid subscribers, Dow Jones Newswires, a collection of rea1- time electronic news services, Barron's, a weekly business and finance magazine, and, through its Ottaway Newspapers subsidiary, community newspapers. 5. Gannett Co., Inc. ("Gannett") is a publicly-held corporation traded on the New York Stock Exchange. Gannett has no parent corporation and no publicly 11 held corporation owns 10% or more of its stock. Gannett is an international news and information company that publishes 86 daily newspapers in the United States, including USA TODA Y, and nearly 1,000 non-daily publications, including USA Weekend, a weekly newspaper magazine. The company also operates 23 television stations and a national news service, and its monthly online U.S. internet audience was measured recently at more than 23 million unique visitors. 6. The Hearst Corporation ("Hearst") is a privately held company. Hearst is one of the nation's largest diversified media companies. Its major interests include 12 daily and 31 weekly newspapers, nearly 200 magazines around the world, 29 television stations which reach a combined 18% of U.S. viewers; ownership in leading cable networks; as well as business publishing, Internet businesses, television production, newspaper features distrbution and real estate. 7. Landmark Communications, Inc. is a privately held media company with interests in newspapers, television broadcasting, cable programming and electronic publishing. Its newspapers include The Virginian-Pilot, The Greensboro News & Record, The Roanoke Times and more than one hundred community newspaper and special interest publications. Landmark Communications, Inc. owns television stations in Las Vegas (KLAS-TV) and Nashville (WTVF-TV), as well as the Weather Channel, which produces continuous, 24-hour national, 11 regional and local weather-related programming received by more than 87 million households nationwide. 8. Magazine Publishers of America, Inc. ("MP A") is a national trade association including in its present membership more than 240 domestic magazine publishers who publish over 1 ,400 magazines sold at newsstands and by subscription. MP A members provide broad coverage of domestic and international news in weekly and biweekly publications, and publish weekly, biweekly and monthly publications covering consumer affairs, law, literature, religion, political affairs, science, sports, agriculture, industr and many other interests, avocations and pastimes of the American people. 9. NBC Universal, Inc. and its NBC News division produce and distribute news programming through, among others, the NBC and Te1emundo television networks, NBC Universal's owned and operated television stations, MSNBC and CNBC. NBC Universal is owned (through intermediate entities) by General Electrc Company and Vivendi Universal, S.A., both of which are publicly-held corporations. No other publicly-held company owns more than 10% of the stock of NBC UniversaL. 10. The New York Times Company ("The Times") publishes The New York Times, The International Herald Tribune, The Boston Globe, and 15 other daily newspapers. The Times, a publicly-held corporation traded on the New York iv Stock Exchange, has no parents, subsidiaries or affiliate entities (corporate or otherwise) that have issued stock or debt securities to the public, and no publicly held entity owns more than ten percent of The Times's stock. 11. The Newspaper Association of America ("NAA") is a nonprofit organization representing the interests of more than 2,000 newspapers in the United States and Canada. NAA members account for nearly 90 percent of the daily newspaper circulation in the United States and include a wide range of non- daily newspapers. NAA has no parent corporation and owns no stock of any member. One ofNAA's key strategic priorities is to advance newspapers' First Amendment interests, including the ability to gather and report the news. 12. Newsweek, Inc. is a wholly-owned subsidiar of The Washington Post Company, a publicly-held corporation traded on the New York Stock Exchange. Berkshire Hathaway, Inc., a publicly held company, has a 10% or greater ownership interest in The Washington Post Company. Newsweek, Inc. publishes the weekly news magazines Newsweek and Newsweek International, which are distributed nationally and internationally, and Arhur Frommer's Budget Travel magazine, which is distrbuted nationally. 13. The Radio-Television News Directors Association ("RTNDA")