APL-2016-00219
New York County Clerk's Index No. 101559/13
Olnurt nf J\pp.eals
STATE OF NEW YORK ....
TALIB W. ABDUR-RASHID,
Petitioner-Appellant,
-against-
NEW YORK CITY POLICE DEPARTMENT and RAYMOND KELLY,
IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE
NEW YORK CITY POLICE DEPARTMENT,
Defendants-Respondents.
BRIEF OF AMICI CURIAE THE REPORTERS COMMITTEE
FOR FREEDOM OF THE PRESS AND 30 MEDIA ORGANIZATIONS*
IN SUPPORT OF APPELLANT
BRUCE D. BROWN, ESQ.
KATIE TOWNSEND, ESQ.
ADAM A. MARSHALL, ESQ.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th StJ:eet, NW, Suite 1250
Washington, DC 20005
Telephone: (202) 795-9300
April 14, 2017
ALISON SCHARY, ESQ.
Counsel of Record for Amici Curiae
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue, NW,
Suite 800
Washington, DC 20006
Telephone: (202) 973-4200
Facsimile: (202) 973-4499
JOHN M. BROWNING, ESQ.
DAVIS WRIGHT TREMAINE LLP
1251 Avenue of the Americas.
21st Floor
New York, New York 10020
Telephone: (212) 489-8230
Facsimile: (212) 489-8340
* A full list of amici is reproduced within
LIST OF AMICI CURIAE
Advance Publications, Inc.
American Society ofNews Editors
Association of Alternative Newsmedia
Association of American Publishers, Inc.
Bloomberg L.P.
BuzzFeed
Daily News, LP
The E.W. Scripps Company
First Amendment Coalition
Forbes Media LLC
Freedom of the Press Foundation
Gannett Co., Inc.
Gizmodo Media Group
Hearst Corporation
International Documentary Assn.
Investigative Reporting Program
Investigative Reporting Workshop at American University
MP A - The Association of Magazine Media
The National Press Club
National Press Photographers Association
National Public Radio, Inc.
The New York Times Company
NewsdayLLC
The NewsGuild- CWA
Online News Association
PEN America
Radio Television Digital News Association
The Reporters Committee for Freedom of the Press
The Seattle Times Company
Society of Professional Journalists
Tully Center for Free Speech
TABLE OF CONTENTS
Page(s)
TABLE OF AUTHORITIES ................................................................................... iii
INTEREST OF AMICI CURIAE ............................................................................... 1
INTRODUCTION AND SUMMARY OF ARGUMENT ........................................ 1
ARGUMENT ............................................................................................................. 6
I. Use of the Glomar response, which was developed to protect the most
sensitive national security secrets, has exploded across federal agencies ............. 6
II. Glomar responses will inhibit the ability of plaintiffs and courts to evaluate
withholdings in FOIL cases and constitute a radical change to FOIL; such a
change, if made at all, should be made by the Legislature .................................. 14
III. Adoption of the Glomar doctrine will hinder FOIL's effectiveness as a tool
for keeping the public informed, especially about the activities of New York law
enforcement agencies ........................................................................................... 20
CONCLUSION ........................................................................................................ 25
APPENDIX A .......................................................................................................... 27
APPENDIX B .......................................................................................................... 3 8
APPENDIX C .......................................................................................................... 41
11
TABLE OF AUTHORITIES
Page(s)
Cases
Abdur-Rashid v. N. Y City Police Dep 't,
37 N.Y.S.3d 64 (N.Y. App. Div. 2016) ................................................... 3, 13, 18
ACLU v. Dept. of Defense,
389 F. Supp. 2d 547 (S.D.N.Y. 2005) ............................................................... 11
Cox Broad. Corp. v. Cohn,
420 U.S. 469 (1975) .......................................................................................... 21
Encore Call. Bookstores, Inc. v. Auxiliary Serv. Corp. of State Univ. ofN. Y at
Farmingdale,
87 N.Y.2d 410 (1995) ........................................................................................ 20
Fink v. Lefkowitz,
47 N.Y.2d 567 (1979) .................................................................................... 5, 16
Gould v. N. Y City Police Dep 't,
89 N.Y.2d 267 (2016) .................................................................................. 16, 17
Hashmi v. N. Y C. Police Dept,
998 N.Y.S.2d 596 (N.Y. Sup. Ct. 2014) ...................................... 5, 11, 16, 20, 21
Lesher v. Hynes,
19 N.Y.3d 57 (2012) .......................................................................................... 19
Military Audit Project v. Casey, (I),
656 F.2d 724 (D.C. Cir. 1981) ............................................................................. 6
NLRB v. Robbins Tire & Rubber Co.,
437 U.S. 214 (1978) .......................................................................................... 20
North Jersey Media Grp. Inc. v. Bergen Cty. Prosecutor's Office,
146 A.3d 656 (N.J. App. Div. 2016) ................................................................. 19
lll
Phillippi v. Central Intelligence Agency (I),
546 F.2d 1009 (D.C. Cir. 1976) ................................................................. 6, 7, 18
Phillippi v. Central Intelligence Agency (II),
655 F.2d 1325 (D.C. Cir. 1981 ) ........................................................................... 6
Vaughn v. Rosen (II),
523 F.2d 1136 (D.C. Cir. 1975) ......................................................................... 15
Wilner v. Nat'l Sec. Agency,
592 F.3d 60 (2d Cir. 2009) ............................................................................ 9, 15
Statutes
5 U.S.C. § 552 ........................................................................................................... 3
FOIL§ 84 ............................................................................................................ 2, 21
Other Authorities
Al Baker, Judge Orders City to Release Reports on Shots Fired by Police at
Civilians Since 1997, N.Y. Times (Feb. 22, 2011),
http:/ /www.nytimes.com/20 11/02/23/nyregion/23 shootings.html ...................... 25
Alex Richardson & Joshua Eaton, Postal Service and the IRS join the CIA in
handing out GLOMAR denials, MuckRock (Mar. 17, 2015),
https://perma.cc/4RBN-B26K ............................................................................... 8
Ali Winston, Secrecy Shrouds NYPD's Anti-Terror Camera System, CityLimits.org
(Apr. 26, 2010), http://perma.cc/SW5D-G4MK ................................................. 25
Amicus Curiae Brief ofNat'l Sec. Archive in Support of Appellants to Vacate and
Remand at 9, Wilner v. Nat'l Sec. Agency, 592 F.3d 60 (2d Cir. 2009) (No. 08-
4726-cv) ................................................................................................................. 9
Barry Baddock, Rocco Parascandola, Sarah Ryley, & Dareh Gregorian, Staten
Island, borough where Eric Garner died, has highest number of most-sued
NYPD officers, N.Y. Daily News (Jul. 28, 2014),
http://perma.cc/223K-PURV ............................................................................... 23
IV
Caroline Bankoff, The City Has Paid Almost Half a Billion Dollars in NYPD-
Related Settlements Over the Past 5 years, N.Y. Magazine (Oct. 12, 2014),
http://perma.cc/B65G-G2NM .............................................................................. 23
Charlie Savage, C.I.A. Report Finds Concern With Ties to New York Police, N.Y.
Times (Jun. 26, 2013), http://nyti.ms/lOWOAAB .............................................. 13
CJ Ciarmella, Secrets of the NYPD, Salon.com (May 8, 2013),
http://perma.cc/27KH-9TPN ................................................................................. 4
Court Decisions, United States Department of Justice, archived at
https://perma.cc/KKH9-7M3V .............................................................................. 9
Court Decisions, United States Department of Justice, https://perma.cc/VHQ8-
H3H9 .................................................................................................................... 10
Daniel Fitzsimmons, The Flaws in Cooper's Law, StrausMedia (Jun. 10, 2015),
http://perma.cc/WC76-6WBL ............................................................................. 25
Daniel Patrick Moynihan, Secrecy 227 (1998) ....................................................... 11
Elizabeth Goitein and David M. Shapiro, Reducing Overclassification Through
Accountability, Brennan Center for Justice (20 11 ),
http://perma.cc/43J6-JSRM ................................................................................. 11
George Joseph, NYPD sent video teams to record Occupy and ELM protests over
400 times, documents reveal, The Verge (Mar. 22, 2016),
https:/ /perma.cc/P8WN-L TGT ............................................................................ 21
JeffMorganteen, The NYPD's secrecy weapon, The N.Y. World (Aug. 2, 2013),
http://perma.cc/R79B-BR3S ................................................................................ 25
John Y. Gotanda, Glomar Denials Under FOIA: A Problematic Privilege and A
Proposed Alternative Procedure of Review, 56 U. Pitt. L. Rev. 165 (1994) ........ 9
Jon Campbell, 'I was choked by the NYPD': New York's Chokehold Problem Jsn 't
Going Away, The Village Voice (Sep. 23, 2014),
http://perma.cc/JZ53-7FYH ................................................................................. 22
Joseph Goldstein & Nate Schweber, Man's Death After Chokehold Raises Old
Issuefor the Police, N.Y. Times (Jul. 18, 2014), https://nyti.ms/2lqV1uE ........ 22
v
Marc Santora, Mayor de Blasia Announces Retraining of New York Police, N.Y.
Times (Dec. 4, 2014 ), http:/ /nyti.ms/1 FU sv Da ................................................... 23
Matt Apuzzo & Adam Goldman, With CIA help, NYPD moves covertly in Muslim
areas, The Associated Press (Aug. 23, 2011),
http://perma.cc/TQP9-QWBW ............................................................................ 12
Matt Apuzzo & Joseph Goldstein, New York Drops Unit That Spied on Muslims,
N.Y. Times (Apr. 15, 2014), http://nyti.ms/1evdnCO ........................................ 12
Matt Sledge, NYPD 'Secret' Classification For Documents 'Means Diddly' In Eyes
of Legal Experts, The Buffington Post (Sep. 16, 2013 ), http:/ /perma.cc/TE4 V-
BVG£ .................................................................................................................. 12
Matt Sledge, NYPD Cites Mosaic Theory, Favored by FBI and NSA, To Deny
Access to Budget Records, The Buffington Post (Dec. 30, 2013),
http://perma.cc/LCF3-PJRU ................................................................................ 12
Michael D. Becker, Piercing Glomar: Using the Freedom of Information Act and
the Official Acknowledgment Doctrine to Keep Government Secrecy in Check,
64 Admin. L. Rev. 673 (2012) ........................................................................ 7, 16
Michael Powell, In Police Training, a Dark Film on US. Muslims, N.Y. Times
(Jan. 23, 2012), http://nyti.ms/1mOC8IV ............................................................ 23
Nathan Freed Wessler, "[We] Can Neither Confirm nor Deny the Existence or
Nonexistence of Records Responsive to Your Request": Reforming the Glomar
Response Under FOIA," 85 N.Y.U. L. Rev. 1381 (2010) ............ 8, 12, 15, 16, 17
Norman Polmar & Michael White, Project Azoran: the CIA and the Raising of the
K-129 (2012) .......................................................................................................... 6
Paul B.B. Shin, The CIA 's Secret History of the Phrase 'Can Neither Confirm Nor
Deny', ABC News (Jun. 6, 2014), http://perma.cc/7Z65-HMNE ......................... 7
Patience Baggin, Law School Study Alleges NYPD Overstepped its Power during
Occupy Protests, Time (Jul. 30, 2012), http://perma.cc/9B3Z-Z93T ................. 25
Radley Balko, Obama moves to demilitarize America's police, The Wash. Post
(May 18, 20 15), http:/ /perma.cc/9NJL-6BLS ..................................................... 24
Vl
Shawn Musgrave, New data provides first detailed look at military gear held by
New York law enforcement agencies, The N.Y. World (Oct. 14, 2014),
http://perma.cc/2L97-6FHR ................................................................................ 24
Shawn Musgrave, NYPD Social Media Policy Allows Catfishing-With the Proper
Paperwork, The Daily Beast (Feb. 5, 2015), http://perma.cc/YVL6-PC7 A ....... 25
Securities and Exchange Commission Freedom of Information Act Annual Report
for the Fiscal Year Ending September 30, 2003,
https:/ /perma.cc/7WEZ-JN33 ................................................................................ 8
Vll
INTEREST OF AMICI CURIAE
Amici curiae are the Reporters Committee for Freedom of the Press and 30 Media
Organizations. Amici are described in more detail in Appendix A.
This case presents issues of substantial importance to amici. Members of the
news media frequently utilize state and federal freedom of information laws~
including New York~s Freedom of Information Law ("FOIL~~)~ to gather news and
keep the public informed about the activities and operations of government. Amici
have a strong interest in ensuring that such laws remain powerful tools to facilitate
public access to government records and assure government accountability. The
Appellate Division~s decision below~ affirming a municipal agency~s issuance of a
so-called "Glomar" response to a FOIL request-that is~ a refusal to either confirm
or deny the existence of public records responsive to a request-will harm FOIL~s
ability to serve as an effective means for public oversight of state and local
government. Because the Appellate Division~s wholesale adoption of this
judicially crafted federal doctrine will, if upheld~ work a drastic change to FOIL~
and will hinder the news media~s ability to keep the citizens of New York
informed about their government, amici write to urge this Court to reverse.
INTRODUCTION AND SUMMARY OF ARGUMENT
This case concerns whether a municipal government agency may refuse to
either confirm or deny whether it has records requested by a member of the public
under New York's Freedom of Information Law, N.Y. Pub. Off. Law§§ 84-90
("FOIL"). The Appellate Division, First Department, concluded that such a
response is permissible under FOIL. For the reasons set forth in Appellant's brief
and herein, this Court should reverse.
Freedom of information laws like FOIL have been enacted at the federal
level, as well as in every state and the District of Columbia. They exist to facilitate
public access to government information and to enable meaningful public
oversight of government agencies and officials. See, e.g., FOIL § 84 ("a free
society is maintained ... when the public is aware of governmental actions").
Such laws generally require a government agency in receipt of a request for public
records to respond in one ofthree ways: (1) to produce the requested records, (2) if
a specific exemption applies, to withhold the requested records or the portions
thereof that are exempt from disclosure under applicable law, or (3) to inform the
requester that there are no records responsive to the request. In this case, the New
York City Police Department ("NYPD") adopted a fourth approach not found in
any provision of FOIL. It issued what is known at the federal level as a "Glomar"
response, refusing to either confirm or deny the existence of requested records.
The Appellate Division, below, relying on federal caselaw, erroneously concluded
that such a response is permissible under FOIL and is consistent with the law's
2
legislative intent, purpose, and the policy underlying it. See Abdur-Rashid v. N.Y.
City Police Dep 't, 37 N.Y.S.3d 64, 65 (N.Y. App. Div. 2016).
The Glomar doctrine, a creature of federal decisional law, was developed to
address uniquely federal concerns. It was developed by courts at the height of the
Cold War to protect the most sensitive of national security activities from being
revealed through requests for records made under the federal Freedom of
Information Act, 5 U.S.C. § 552 ("FOIA"). Since then, use of the Glomar
response has broadly expanded, including into areas that could not have been
imagined by the federal court that first authorized it.
Judicial incorporation ofthe Glomar doctrine into New York's FOIL will
work a profound change to this State's statutory open records regime that was not
contemplated-let alone adopted-by the Legislature. And, if the federal
experience is any example, judicial adoption of that doctrine here will have a
significant practical effect on the public's statutory rights of access to state and
local government information. An explosion in the use of the Glomar doctrine at
the federal level has had a marked negative effect on the ability of the news media
and the public to monitor federal government activity. IfNew York courts open
the door to the issuance of Glomar responses by state and local government
agencies in this case, over time, use of the Glomar doctrine by such agencies may
spread far beyond the facts presented here.
3
The Glomar doctrine has significantly altered the nature of FOIA litigation
in federal courts, inhibiting the ability of requesters and judges alike to evaluate
government exemption claims in a true adversarial process. Among other things,
the Glomar doctrine countenances the assertion of broad, sweeping, and
generalized exemptions for categories of records and effectively shifts the burden
of proof from the government entity to the requester-two striking departures from
this Court's long-standing line of decisions interpreting FOIL.
The Appellate Division's decision grafting the federal Glomar doctrine onto
New York's FOIL is particularly worrisome for members of the news media, who
routinely rely on FOIL as a means to gather news and information about the
government, including law enforcement agencies like the NYPD, for the benefit of
the public. Indeed, the NYPD-the largest municipal police force in the United
States-is already a notoriously opaque agency with a history of failing to comply
with its obligations under FOIL. See, e.g., CJ Ciarmella, Secrets of the NYPD,
Salon.com (May 8, 2013), archived at https://perma.cc/27KH-9TPN (reporting that
the NYPD routinely ignores a third of all FOIL requests it receives). As one of the
trial court decisions in this case correctly recognized, to permit state and local
agencies like the NYPD to issue Glomar responses would only make it more
difficult for the press to use FOIL as a tool to keep citizens informed about the
activities of their government, including local law enforcement. See Hashmi v.
4
N.Y. C. Police Dept, 998 N.Y.S.2d 596,603 (N.Y. Sup. Ct. 2014) ("The insertion of
the Glomar doctrine into FOIL would build an impregnable wall against disclosure
of any information concerning the NYPD's anti-terrorism activities.").
Because Glomar is a judicial doctrine, this Court has both the authority and
obligation to consider its likely effects and whether those effects are compatible
with FOIL's unequivocal declaration that access to government records "should
not be thwarted by shrouding [them] with the cloak of secrecy or confidentiality."
FOIL§ 84; see also Fink v. Lefkowitz, 47 N.Y.2d 567, 571 (1979) (FOIL
"proceeds under the premise that the public is vested with an inherent right to
know and that official secrecy is anathematic to our form of government."). Amici
submit that the unbridled and unintended use of the Glomar doctrine at the federal
level, and the resulting decrease in public awareness of activities of government,
provide ample reason for this Court to reject its adoption in this state. Amici urge
this Court to ensure that FOIL continues to fulfill its foundational role in the
democratic structure of New York's government and, for the reasons set forth
herein and in Appellant's brief, reverse the decision of the Appellate Division.
5
ARGUMENT
I. Use of the Glomar response, which was developed to protect the most
sensitive national security secrets, has exploded across federal
agencies.
The Glomar doctrine emerged during the Cold War in response to requests
made under the federal FOIA for agency records related to covert actions of the
United States government. See Phillippi v. Central Intelligence Agency, 546 F .2d
1009 (D.C. Cir. 1976) ("Phillippi F'). In Phillippi I, the D.C. Circuit implicitly
upheld a refusal by the Central Intelligence Agency ("CIA") to "neither confirm
nor deny" the existence of records concerning its efforts to suppress reporting
about the Hughes Glomar Explorer, a ship that was part of a U.S. government
operation to recover a Soviet nuclear submarine that had sank in the Pacific Ocean
in 1968. See id; Phillippi v. CIA, 655 F.2d 1325, 1326 (D.C. Cir. 1981) ("Philippi
IF'); Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981); see also
Norman Polmar & Michael White, Project Azoran: the CIA and the Raising of the
K-129 (20 12). The "classified CIA program" of which the Hughes Glomar
Explorer was a part aimed to "recover the missiles, codes, and communications
equipment on board [the Soviet submarine] for analysis by United States military
and intelligence experts." Philippi II, 655 F.2d at 1327.
In both Phillippi I and Military Audit Project, the government argued that
"(o)fficial acknowledgment ofthe involvement of specific" U.S. government
6
agencies in that operation "would disclose the nature and purpose of' the CIA's
classified program "and could ... severely damage the foreign relations and the
national defense ofthe United States." Phillippi I, 546 F.2d at 1013-14. The D.C.
Circuit's opinion, while implicitly approving the CIA's response, also made clear
that the case before it presented unique and very sensitive circumstances. See id. at
1 01 0-15. There is no indication that the court anticipated that what is now referred
to as a "Glomar" response would become commonplace under FOIA. See id.
Yet since Phillippi I invocation of the Glomar doctrine has become "a staple
of evasion" for federal agencies who wish to avoid public scrutiny. Paul H.B.
Shin, The CIA 's Secret History of the Phrase 'Can Neither Confirm Nor Deny',
ABC News (Jun. 6, 2014), http://perma.cc/7Z65-HMNE; see also Michael D.
Becker, Piercing Glomar: Using the Freedom of Information Act and the Official
Acknowledgment Doctrine to Keep Government Secrecy in Check, 64 Admin. L.
Rev. 673, 688 (2012) ("[I]t was not the intent of the D.C. Circuit-nor Congress,
for that matter-for the Glomar response to explode as it has."). Federal agencies
far removed from the national security considerations that gave rise to the Glomar
doctrine in the first instance have seized upon the opportunity to "neither confirm
nor deny" the existence of records requested under FOIA. For example, in 2002
the Securities and Exchange Commission ("SEC") issued almost 100 Glomar
responses to FOIA requests. Securities and Exchange Commission Freedom of
7
Information Act Annual Report for the Fiscal Year Ending September 30, 2003,
https://perma.cc/7WEZ-JN33. 1 And the SEC is not alone; the Internal Revenue
Service ("IRS") and even the U.S. Postal Service have taken to issuing Glomar
responses. Alex Richardson & Joshua Eaton, Postal Service and the IRS join the
CIA in handing out GLOMAR denials, MuckRock (Mar. 17, 2015),
https://perma.cc/4RBN-B26K.
One recent Glomar response from the U.S. Postal Service was issued in
response to a reporter's request for records that had already been released to
another reporter and that had formed the basis of a story that ran in The New York
Times. Alex Richardson & Joshua Eaton, supra. The Postal Service argued that
confirming or denying the existence of such records would violate the reporter's
privacy. !d. The Postal Service is not the only federal agency to take this
expansive view ofwhat might justify issuing a Glomar response. Other federal
agencies have similarly cited purported privacy interests under Exemptions 6 and
7(C) ofFOIA as a basis for refusing to confirm or deny the existence of requested
records. Nathan Freed Wessler, "[We] Can Neither Confirm nor Deny the
Existence or Nonexistence of Records Responsive to Your Request": Reforming the
Glomar Response Under FOIA," 85 N.Y.U. L. Rev. 1381, 1389 (2010). This same
"privacy" rationale has also been asserted in cases where agencies "respond to a
1 That the SEC published the number of Glomar responses it issued that year is unusual; agencies
do not generally divulge such numbers to the public.
8
FOIA request for information concerning wrongdoing by government employees"
with a Glomar response. John Y. Gotanda, Glomar Denials Under FOIA: A
Problematic Privilege and A Proposed Alternative Procedure of Review, 56 U.
Pitt. L. Rev. 165, 166 (1994). In short, even though the Glomar doctrine was
created by federal courts to address the most secret of national security operations,
it is now being used to impede public access to government records for reasons
that go far beyond the rationale underlying those early cases.
The sheer increase in the use of Glomar responses by federal agencies can be
seen in the number ofFOIA opinions issued by federal courts. According to the
National Security Archive/ there were approximately 20 opinions involving a
Glomar response between 1976 and 2001, an average ofless than one a year. See
Amicus Curiae Brief ofNat'l Sec. Archive in Support of Appellants to Vacate and
Remand at 9, Wilner v. Nat'/ Sec. Agency, 592 F.3d 60 (2d Cir. 2009), archived at
https://perma.cc/U2Q9-3VXQ. Between September 11, 2001 and 2009, however,
there were approximately 60 decisions involving a Glomar response, an average of
five per year. See id. From 2010 to 2012 there were at least 28 judicial decisions
involving the issuance of a Glomar response, an average of nine per year, see
Court Decisions, United States Department of Justice, archived at
https://perma.cc/KKH9-7M3V, and from 2013 to the end of2016 there were at
2 The National Security Archive is a non-profit research and journalism center based at The
George Washington University.
9
least 35 more Glomar-related decisions. See Court Decisions, United States
Department of Justice, archived at https://perma.cc/VHQ8-H3H9.
10
9
8
7
6
5
4
3
2
1
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It is difficult to imagine that the D.C. Circuit, when it decided Phillippi I, could
have foreseen such a massive spike in Glomar litigation given the unique
circumstances of that case. Yet several decades later, the Glomar doctrine is now a
regular feature ofFOIA litigation.
Adoption of the Glomar doctrine can increase government secrecy in more
subtle ways. At the federal level, for example, the Glomar doctrine frequently
works hand-in-hand with the widespread problem of over-classification of
government information to keep the public in the dark about government activities.
As one federal district court put it:
The danger of Glomar responses is that they encourage an unfortunate
tendency of government officials to over-classify information,
10
frequently keeping secret that which the public already knows, or that
which is more embarrassing than revelatory of intelligence sources or
methods. [ ... ] The practice of secrecy, to compartmentalize
knowledge to those having a clear need to know, makes it difficult to
hold executives accountable and compromises the basics of a free and
open democratic society.
ACLU v. Dept. of Defense, 389 F. Supp. 2d 547, 561 (S.D.N.Y. 2005).
Classification of records and information at the federal level has become
"rampant" in the last few decades. See Elizabeth Goitein and David M. Shapiro,
Reducing Overclassification Through Accountability, Brennan Center for Justice
(2011), archived at https://perma.cc/4316-JSRM. This drive toward keeping ever-
increasing amounts of government information secret, according to commenters,
threatens to overtake the "singularly American" commitment to open government.
See Daniel Patrick Moynihan, Secrecy 227 ( 1998) (quoted in ACLU v. Dept. of
Defense, 389 F. Supp. 2d 547, 562 (S.D.N.Y. 2005)).
There is no reason to think that New York state and local agencies would
avoid falling into a similar secrecy trap if use of the Glomar doctrine is judicially
approved by courts in this state. This is particularly concerning with respect to
agencies like the NYPD that have already demonstrated a penchant for excessive
secrecy. For example, despite the fact that New York's municipal governments do
not have the authority to classifY documents, see Hashmi v. New York City Police
Department, 998 N.Y.S.2d 596, 604 (N.Y. Sup. Ct., 2016), the NYPD maintains an
extensive system whereby it labels some internal documents "Secret." Matt
11
Sledge, NYPD 'Secret' Classification For Documents 'Means Diddly' In Eyes of
Legal Experts, The Buffington Post (Sep. 16, 2013), https://perma.cc/TE4V-
HVGE. By doing so, the NYPD's "Intelligence Division appears to be operating
its own in-house classification system, similar to those used at federal agencies like
the CIA," where the Intelligence Division's former chief, David Cohen,
"previously worked for 35 years." !d.
The NYPD has also adopted another feature of the trend toward increasing
secrecy at the federal level: the so-called "mosaic theory," which "posits that
' [ e ]ven disclosure of what appears to be the most innocuous information" may
pose "a threat to national security ... because it might permit our adversaries to
piece together sensitive information."' Wessler, 85 N.Y.U. L. Rev. at 1397. The
NYPD has cited the "mosaic theory" as a basis for denying FOIL requests for
financial information relating to its Zone Assessment Unit, which until recently
surveilled local Muslim communities. See Matt Sledge, NYP D Cites Mosaic
Theory, Favored by FBI and NSA, To Deny Access to Budget Records, The
Buffington Post (Dec. 30, 2013), http://perma.cc/LCF3-PJRU; Matt Apuzzo &
Joseph Goldstein, New York Drops Unit That Spied on Muslims, N.Y. Times (Apr.
15, 2014), http://nyti.ms/levdnC0.3 Permitting the NYPD and other state and
3 The NYPD's development of a surveillance program secretly targeting American Muslims has
been widely reported. See Matt Apuzzo & Adam Goldman, With CIA help, NYP D moves
covertly in Muslim areas, The Associated Press (Aug. 23, 2011), http://perma.cc/TQP9-QWBW.
12
local agencies in New York to issue Glomar responses to FOIL requests will only
intensify what is already a growing and problematic trend toward secrecy at all
levels of government.
The evolution of the federal Glomar doctrine is a cautionary tale with
profound implications that were not addressed in any way by the Appellate
Division's decision below. See Abdur-Rashid v. N. Y City Police Dep 't, 37
N.Y.S.3d 64 (N.Y. App. Div. 2016). The appellate court merely concluded that
because FOIL is somewhat similar to FOIA, the 40-year history of the federal
Glomar doctrine should be grafted wholesale onto New York law. See id.
There can be little doubt that there are many state and local government
entities in New York that would prefer to operate in secrecy, avoiding public
records requests entirely and answering only to their superiors. But that is not the
type of government that exists in New York. The Legislature in enacting FOIL
made expressly clear that
a free society is maintained when government is responsive and
responsible to the public, and when the public is aware of
governmental actions .... The people's right to know the process of
governmental decision-making and to review the documents and
statistics leading to determinations is basic to our society.
See also Charlie Savage, C.I.A. Report Finds Concern With Ties to New York Police, N.Y. Times
(Jun. 26, 2013), http://nyti.ms/lOWOAAB. According to the Associated Press, NYPD officials
have defended the surveillance, but admit that they have been "careful to keep information about
some programs out of court, where a judge might take a different view. The NYPD considers
even basic details, such as the intelligence division's organization chart, to be too sensitive to
reveal in court." Apuzzo & Goldman, supra.
13
FOIL § 84. This declaration cannot and should not be dismissed as ornamental
language; it represents a democratic commitment that will be threatened by judicial
adoption of the Glomar doctrine-a doctrine not provided for by the Legislature.
The federal experience demonstrates why this Court should refuse to
incorporate the Glomar doctrine into FOIL. If the door to Glomar responses is
opened in this case, it may serve as an invitation to the NYPD and other state and
local government entities to routinely refuse to confirm or deny the existence of
records. A school district may wish to conceal the existence of records about an
abusive teacher. An agency may find it convenient to neither confirm nor deny
that it was warned about a health risk to the public. A police department may want
to refuse to disclose whether it has body-worn camera or other video of a use-of-
force incident that results in the death of a member of the public. Such potential
outcomes were not contemplated nor sanctioned by the Legislature when it enacted
FOIL.
II. Glomar responses will inhibit the ability of plaintiffs and courts to
evaluate withholdings in FOIL cases and constitute a radical change
to FOIL; such a change, if made at all, should be made by the
Legislature.
Incorporating the federal Glomar doctrine wholesale into New York law, as
the Appellate Division did below, will complicate matters for plaintiffs and judges
seeking to evaluate the propriety of government refusals to provide information
under FOIL. Glomar proceedings are unique in public records law because they
14
both ( 1) dramatically expand the already-existing "asymmetrical access to
information between the requesting party and the responding agency[,r Wessler,
supra at 1391, and (2) shift power from the judiciary to the executive, inhibiting
the former's ability to function as an independent arbiter informed by the
arguments of adversarial parties. As explained in more detail below, in the context
of FOIL, these changes would be so profound that they would undermine well-
settled precedent of this Court. Such a departure from the long-standing
commitment to open government in this state, if it is to happen at all, is a decision
best left to the Legislature.
At the federal level, the issuance of a Glomar response is usually a death
knell for the public's right to know. Generally, FOIA requesters have several
options for redress if their request is denied, all of which require the agency to
provide specific and particularized information to justify the denial. For example,
in most FOIA litigation the agency is required to give a detailed accounting of the
records being withheld and the reasons therefore (usually in the form of a so-called
Vaughn index4). But that is not the case when it comes to a Glomar response.
Instead, after a lawsuit is brought the agency will simply submit an affidavit to the
court saying that the broad category of records sought "logically falls within the
claimed exemptions." Wilner, 592 F.3d at 68. The plaintiff and the court are then
4 Vaughn v. Rosen (II), 523 F.2d 1136 (D.C. Cir. 1975).
15
left trying to evaluate hypotheticals, namely, whether the category of records the
plaintiff requested might theoretically fall within the scope of an exemption, but
without any concrete information to inform their deliberations. In sum, as the trial
court in this case stated below: "A Glomar response virtually stifles an adversary
proceeding." Hashmi, 998 N.Y.S.2d at 603.
This is antithetical to this Court's holding that "blanket exemptions for
,particular types of documents are inimical to FOIL's policy of open
government[.]" Gould v. N.Y. City Police Dep 't, 89 N.Y.2d 267, 275, (1996)
(citations and quotations omitted). So too is it contrary to this Court's long-
standing precedent holding that agencies must articulate "particularized and
specific justification" for withholding requested documents. Fink v. Lefkowitz, 4 7
N.Y.2d 567, 571 (1979); cf Hashmi, 998 N.Y.S.2d at 601 ("When an agency
asserts a Glomar response, the discussion of exemption is more abstract, and not
anchored to any particular document.").
Since Phillippi I was decided, federal agencies asserting Glomar responses
have submitted "increasingly boilerplate" public declarations to justify invoking
the Glomar doctrine. Becker, 64 Admin. L. Rev. at 689. Courts may review more
detailed reasoning in support of a Glomar response in camera, but even that is
atypical. Generally,"[ c ]ourts give tremendous deference to agency arguments,
accepting them if they are 'logical or plausible."' Wessler, 85 N.Y.U. L. Rev. at
16
1393. In fact, judicial review of Glomar responses has typically been so
deferential that commentators have called on courts to conduct more in camera
review, despite the fact that such closed-door deliberations are themselves contrary
to the goals of openness and government transparency. See, e.g., id. at 1409
("Courts could also take advantage of their in camera review power to demand that
agencies produce more evidence to justify their invocation of the Glomar response,
including any underlying records (if they exist) or an admission that records do not
exist if that is the case.").
Glomar responses also effectively reverse the burden placed on the agency
to justify its withholding of responsive records. See, e.g., Gould, 89 N.Y.2d at 275
(under FOIL "the burden rest[s] on the agency to demonstrate that the requested
material indeed qualifies for exemption[.]" (citation omitted)). If a court decides
that a federal agency used a Glomar response properly-i.e., that the agency
cleared the low bar of demonstrating that the response is "logical or plausible"-
the burden shifts to the requester, who has only two ways to try to force an agency
to confirm or deny the existence of a record. The requestor must either ( 1) show
that the same agency has already officially acknowledged the existence of the
record, or (2) that the agency is acting in bad faith, Wessler, 85 N.Y.U. L. Rev. at
1393-extremely demanding hurdles that requesters often cannot satisfy. Thus, if
an agency wishes to evade a records request, and escape meaningful judicial
17
review of that conduct, a Glomar response is the first-and often final-weapon of
choice.
The Appellate Division gave short-shrift to these concerns, dispensing with
the complex procedural questions raised over 40 years of federal caselaw in a mere
three paragraphs. See Abdur-Rashid, 37 N.Y.S.3d. at 66. Indeed, the Appellate
Division showed far less concern with respect to the damage to the adversarial
process wrought by Glomar than the D.C. Circuit in Phillippi I, which took great
pains to explain the necessity of detailed public affidavits and the use of discovery
"to clarify the Agencis position or to identify the procedures by which that
position was established.'' Phillippi I, 546 F.2d at 1013. Given the radical ways in
which the Glomar doctrine would alter FOIL, the question of whether it should be
incorporated into state law and, if so, to what extent, is a decision best left to the
Legislature. Indeed, if this Court sanctions the Glomar doctrine, it would be the
first high court of any state or the District of Columbia to do so. Amici are aware
of only one other state intermediate appellate court that has sanctioned a Glomar-
like response, doing so, in part, by citing the Appellate Division's decision in this
case. See North Jersey Media Grp. Inc. v. Bergen Cty. Prosecutor's Office, 146
A.3d 656, 666 (N.J. App. Div. 2016). If the Glomar doctrine is permitted here,
New York will be leading the way into a new era of secrecy for state and local
government agencies.
18
That the New York Legislature has not amended FOIL in the 40 years since
the Glomar doctrine came into existence at the federal level should not be
discounted. Many of FOIL's provisions were modeled after FOIA, and the
Legislature has, in the past, amended FOIL to mirror changes in federal law. See
Lesher v. Hynes, 19 N.Y.3d 57, 64 (2012) (noting FOIL's law enforcement
exemption was amended in 1977 following a similar change to FOIA in 1974).
That is not the case here. The Legislature has not taken steps to incorporate the
Glomar doctrine into FOIL, despite the fact that it has existed for decades in
federal courts and that Congress approved of a Glomar-like response in certain
circumstances in its 1986 amendments to FOIA. See 132 Cong. Rec. 9467-68
(daily ed. Oct. 8, 1986) (statement of Rep. English). The absence of any such
legislation counsels in favor of restraint by the judiciary.
Were the Legislature to choose to amend FOIL to permit a Glomar-like
response, it is quite possible that it would not adopt the federal doctrine wholesale.
That is precisely what the Indiana General Assembly did in 2013 when it amended
its freedom of information law to permit agencies to "[r]efuse to confirm or deny
the existence of [a] record" in certain circumstances. 2013 Ind. Acts 3413-14,
available at https :/ /iga.in.gov/static-documents/8/ 4/0/7/8407 e 19c/acts _ 2013. pdf.
Indiana did not adopt the entirety of the federal Glomar doctrine, but instead
limited its scope to certain types of records where disclosure of their existence or
19
non-existence would cause certain types of specified harm, such as compromising
an ongoing law enforcement investigation or threatening public safety. See Ind.
Code Ann.§ 5-14-3-4.4(a)-(b). The General Assembly also set forth detailed
procedures for such responses at both the administrative and judicial review stages.
See id. at§ 5-14-3-4.4(c)-G). Ifthe New York Legislature decided to authorize a
Glomar-like response under FOIL it too might make changes that depart from the
federal doctrine. See, e.g., Encore Col!. Bookstores, Inc. v. Auxiliary Serv. Corp.
of State Univ. of N.Y. at Farmingdale, 87 N.Y.2d 410,417 (1995) (noting that
unlike FOIA, FOIL contains a detailed definition of"records" that are subject to
the law). Ultimately, as the trial court in Hashmi noted below, "the decision to
adopt the Glomar doctrine is one better left to the State Legislature, not to the
Judiciary. 998 N.Y.S.2d at 603.
III. Adoption of the Glomar doctrine will hinder FOIL's effectiveness as
a tool for keeping the public informed, especially about the activities
of New York law enforcement agencies.
Freedom of information laws are powerful and vital tools for government
accountability. See NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 242
(1978). Journalists across New York frequently use FOIL to help them gather
news and keep the public informed. The importance of this constitutionally-
recognized role of the press cannot and should not be understated:
[I]n a society in which each individual has but limited time and
resources with which to observe at first hand the operations of his
20
government, he relies necessarily upon the press to bring to him in
convenient form the facts of those operations. Great responsibility is
accordingly placed upon the news media to report fully and accurately
the proceedings of government, and official records and documents
open to the public are the basic data of governmental operations.
Without the information provided by the press most of us and many of
our representatives would be unable to vote intelligently or to register
opinions on the administration of government generally.
Cox Broad. Corp. v. Cohn, 420 U.S. 469,491-92 (1975). See also FOIL§ 84
(acknowledging that "government is the public's business and[] the public,
individually and collectively and represented by a free press, should have access to
the records of government in accordance with the provisions of this article").
Adopting the Glomar doctrine as a matter of state law would significantly hamper
the ability of the press to perform its vital function; permitting state and local
agencies like the NYPD to issue Glomar responses would only make it more
difficult for journalists to utilize FOIL as a tool to keep citizens informed about the
activities of their government, including their law enforcement agencies. See
Hashmi, 998 N.Y.S.2d at 603.
Time and time again, FOIL has proven itself to be an invaluable tool for
ensuring that the citizens ofNew York are informed, through the news media,
about their government, including the actions of law enforcement agencies and
their officers. Recently, records obtained through FOIL revealed that the NYPD
deployed video teams to over 400 Black Lives Matter and Occupy Wall Street
protests from 2011-2013 and in 2016. George Joseph, NYPD sent video teams to
21
record Occupy and ELM protests over 400 times, documents reveal, The Verge
(Mar. 22, 2016), archived at https://perma.cc/P8WN-LTGT.5 In response to the
FOIL request the NYPD also said there were no records showing approval of such
filming of public activities, as is required by its internal rules. !d. According to a
retired NYPD detective sergeant, the failure to produce those authorized request
records "suggests top department officials are deciding either to not follow
departmental rules or to not hand over sensitive records[.]" !d. The disclosures
and response of the NYPD is already sparking widespread debate, including about
the effect of the surveillance on individuals' First Amendment rights. See id.
In recent years FOIL has consistently proyided the public with information
about policing practices that are of the utmost public concern. For example, in
2014 a reporter used FOIL requests to gain access to information about a
disciplinary trial of a NYPD officer that shed light on the use of chokeholds and
the role of the Civilian Complaint Review Board. Jon Campbell, 'I was choked by
the NYPD': New York's Chokehold Problem Isn't Going Away, The Village Voice
(Sep. 23, 2014 ), archived at https:/ /perma.cc/JZ53-7FYH. FOIL was also used to
obtain records showing that New York City paid more than $428,000,000 to settle
more than 10,000 civil rights lawsuits brought against the NYPD since 2009.
5 Some of those protests arose, in part, over the death of Eric Gamer, who died after being placed
in a banned chokehold by an NYPD officer. See Joseph Goldstein & Nate Schweber, Man's
Death After Chokehold Raises Old Issue for the Police, N.Y. Times (Jul. 18, 2014),
https://nyti.ms/2lq V 1 uE.
22
Caroline Bankoff, The City Has Paid Almost Half a Billion Dollars in NYPD-
Related Settlements Over the Past 5 years, N.Y. Magazine (Oct. 12, 2014),
archived at http:/ /perma.cc/B65G-G2NM. And records released under FOIL
showed that seven of the top ten most-sued officers were assigned to a Staten
Island narcotics unit that covers the same area where Eric Gamer died. Barry
Baddock, Rocco Parascandola, Sarah Ryley, & Dareh Gregorian, Staten Island,
borough where Eric Garner died, has highest number of most-sued NYPD officers,
N.Y. Daily News (Jul. 28, 2014), archived at http://perma.cc/223K-PURV. Such
information is invaluable for the citizens ofNew York, who can use it to
knowledgeably participate in the democratic process. See, e.g., Marc Santora,
Mayor de Blasia Announces Retraining of New York Police, N.Y. Times (Dec. 4,
2014), http://nyti.ms/1FUsvDa (noting that "[w]hen Mr. de Blasio was running for
mayor, he promised sweeping reforms of the [NYPD] .... ").
FOIL is also an important tool for obtaining information that allows the
public to understand how the NYPD trains its officers and interacts with the public.
For example, a FOIL request submitted by a reporter in 2012 revealed that the
NYPD showed an anti-Muslim film to almost 1,500 police officers as part of their
training. Michael Powell, In Police Training, a Dark Film on US. Muslims, N.Y.
Times (Jan. 23, 2012), http://nyti.ms/1mOC8IV. When news first broke that the
NYPD had been screening that film for trainees, a top official said it had been
23
"mistakenly screened 'a couple oftimes~." !d. But documents obtained under
FOIL told a different story: The NYPD had run the film "on a continuous loop~~
for between three months and one year of training. !d.
Reporters have also used FOIL to report valuable information about the shift
of military equipment from federal agencies to state and local police forces. FOIL
requests revealed~ for example~ that New York law enforcement agencies have
received nearly 300 assault rifles through the Pentagon~s 1033 program~ as well as
three tracked armored vehicles~ two cargo planes~ six helicopters~ and more than
150 military trucks and Humvees. Shawn Musgrave, New data provides first
detailed look at military gear held by New York law enforcement agencies, The
N.Y. World (Oct. 14~ 2014)~ archived athttp://perma.cc/2L97-6FHR. The NYPD
in particular obtained four armored trucks valued at $65~000 each~ and two
"armored mortar carriers~~ valued at more than $200~000 each. !d. As a result of
public scrutiny of these kinds of military equipment transfers to local law
enforcement agencies~ then-President Obama announced that the Pentagon would
limit the types of military equipment that can be obtained by local law
enforcement. Radley Balko~ Obama moves to demilitarize America's police~ The
Wash. Post (May 18~ 2015)~ archived at http://perma.cc/9NJL-6BLS.
These stories represent only a handful of examples from the countless pieces
of important journalism about law enforcement and the criminal justice system in
24
New York that FOIL has made possible. From raising questions about the
accuracy of criminal convictions,6 to showing the inefficiency of Cooper's Law, 7
to revealing information about the NYPD's massive video surveillance network,8
to forcing the NYPD to release information about civilian shootings,9 the list of
what FOIL has brought to light goes on10 and on. 11 Amici and the citizens of New
York have a compelling interest in ensuring that this law is not amended by the
judiciary to allow agencies like the NYPD to refuse to either confirm or deny
whether they have public records responsive to a FOIL request.
CONCLUSION
For all the reasons stated herein and in Appellant's brief, this Court should
reverse.
Respectfully submitte
By :+-:.-~~~,t---+-f-f/--F=-~=------+
Alis n Schary, Esq.
DAVIS WRIGHT TREMAINE LLP
6 JeffMorganteen, The NYPD's secrecy weapon, The N.Y. World (Aug. 2, 2013),
http://perma.cc/R79B-BR3S.
7 Daniel Fitzsimmons, The Flaws in Cooper's Law, StrausMedia (Jun. 10, 2015),
http:/ /perma.cc/WC76-6WBL.
8 Ali Winston, Secrecy Shrouds NYPD 's Anti-Terror Camera System, CityLimits.org (Apr. 26, ·
2010), http://perma.cc/SW5D-G4MK.
9 Al Baker, Judge Orders City to Release Reports on Shots Fired by Police at Civilians Since
1997, N.Y. Times (Feb. 22, 2011),
http:/ /www.nytimes.com/20 11 /02/23/nyregion/23shootings. html.
10 Shawn Musgrave, NYPD Social Media Policy Allows Catfishing-With the Proper Paperwork,
The Daily Beast (Feb. 5, 2015), http://perma.cc/YVL6-PC7A.
11 Patience Haggin, Law School Study Alleges NYP D Overstepped its Power during Occupy
Protests, Time (Jul. 30, 2012), http://perma.cc/9B3Z-Z93T.
25
26
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 1 0020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
CERTIFICATION
I certifY pursuant to 500.13(c)(l) that the total word count for all printed text
in the body of the brief, exclusive of the statement of the status of related litigation;
the corporate disclosure statement; the table of contents, the table of cases and
authorities and the statement of questions presented required by subsection (a) of
this section; and any addendum containing material required by subsection
500.l(h) of this Part is 6064 words.
Dated: Aprill4, 2017
New York, New York Respectfully submitted,
By:~-~~---'-H---t-&..---
Alison Schary, Esq.
DAVIS WRTGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVfS WRlGHT TREMAINE LLP
1251 Avenue of the Americas
21st Floor
New York, NY 10020
212.489.8230
Katie Townsend, Esq.
REPORTERS COMMlTTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
APPENDIX A
Descriptions of amici:
The Reporters Committee for Freedom of the Press is an unincorporated
association of reporters and editors that works to defend the First Amendment
rights and freedom of information interests of the news media. The Reporters
Committee has provided assistance and research in First Amendment and Freedom
of Information Act litigation since 1970.
Advance Publications, Inc., directly and through its subsidiaries, publishes more
than 20 print and digital magazines with nationwide circulation, local news in print
and online in 10 states, and leading business journals in over 40 cities throughout
the United States. Through its subsidiaries, Advance also owns numerous digital
video channels and internet sites and has interests in cable systems serving over 2.3
million subscribers.
With some 500 members, American Society of News Editors ("ASNE") is an
organization that includes directing editors of daily newspapers throughout the
Americas. ASNE changed its name in April2009 to American Society ofNews
Editors and approved broadening its membership to editors of online news
providers and academic leaders. Founded in 1922 as American Society of
Newspaper Editors, ASNE is active in a number of areas of interest to top editors
27
with priorities on improving freedom of information, diversity, readership and the
credibility of newspapers.
Association of Alternative Newsmedia ("AAN") is a not-for-profit trade
association for 130 alternative newspapers in North America, including weekly
papers like The Village Voice and Washington City Paper. AAN newspapers and
their websites provide an editorial alternative to the mainstream press. AAN
members have a total weekly circulation of seven million and a reach of over 25
million readers.
The Association of American Publishers, Inc. ("AAP") is the national trade
association of the U.S. book publishing industry. AAP's members include most of
the major commercial book publishers in the United States, as well as smaller and
nonprofit publishers, university presses and scholarly societies. AAP members
publish hardcover and paperback books in every field, educational materials for the
elementary, secondary, postsecondary and professional markets, scholarly journals,
computer software and electronic products and services. The Association
represents an industry whose very existence depends upon the free exercise of
rights guaranteed by the First Amendment.
Bloomberg L.P. operates Bloomberg News, a 24-hour global news service based
in New York with more than 2,400 journalists in more than 150 bureaus around the
28
world. Bloomberg supplies real-time business, financial, and legal news to the
more than 319,000 subscribers to the Bloomberg Professional service world-wide
and is syndicated to more than 1000 media outlets across more than 60 countries.
Bloomberg television is available in more than 340 million homes worldwide and
Bloomberg radio is syndicated to 200 radio affiliates nationally. In addition,
Bloomberg publishes Bloomberg Businessweek, Bloomberg Markets and
Bloomberg Pursuits magazines with a combined circulation of 1.4 million readers
and Bloomberg.com and Businessweek.com receive more than 24 million visitors
each month. In total, Bloomberg distributes news, information, and commentary to
millions of readers and listeners each day, and has published more than one
hundred million stories.
BuzzFeed is a social news and entertainment company that provides shareable
breaking news, original reporting, entertainment, and video across the social web
to its global audience of more than 200 million.
Daily News, LP publishes the New York Daily News, a daily newspaper that
serves primarily the New York City metropolitan area and is the ninth-largest
paper in the country by circulation. The Daily News' website, NYDailyNews.com,
receives approximately 26 million unique visitors each month.
29
The E.W. Scripps Company serves audiences and businesses through television,
radio and digital media brands, with 33 television stations in 24 markets. Scripps
also owns 34 radio stations in eight markets, as well as local and national digital
journalism and information businesses, including mobile video news service
Newsy and weather app developer WeatherSphere. Scripps owns and operates an
award-winning investigative reporting newsroom in Washington, D.C. and serves
as the long-time steward of the nation's largest, most successful and longest-
running educational program, the Scripps National Spelling Bee.
First Amendment Coalition is a nonprofit public interest organization dedicated
to defending free speech, free press and open government rights in order to make
government, at all levels, more accountable to the people. The Coalition's mission
assumes that government transparency and an informed electorate are essential to a
self-governing democracy. To that end, we resist excessive government secrecy
(while recognizing the need to protect legitimate state secrets) and censorship of all
kinds.
Forbes Media LLC is the publisher of Forbes Magazine and Forbes Asia, as well
as an array of investment newsletters and the leading business website,
F orbes.com. Forbes has been covering American and global business since 191 7.
30
Freedom of the Press Foundation is a non-profit organization that supports and
defends public-interest journalism focused on transparency and accountability. The
organization works to preserve and strengthen First and Fourth Amendment rights
guaranteed to the press through a variety of avenues, including public advocacy,
legal advocacy, the promotion of digital security tools, and crowd-funding.
Gannett Co., Inc. is an international news and information company that
publishes 109 daily newspapers in the United States and Guam, including USA
TODAY. Each weekday, Gannett's newspapers are distributed to an audience of
more than 8 million readers and the digital and mobile products associated with the
company's publications serve online content to more than 100 million unique
visitors each month.
Gizmodo Media Group, LLC is the publisher of some of the web's best-loved
digital media brands and communities, including Gizmodo, Jezebel and Deadspin.
Collectively, the sites reach over 50 million readers in the United States a month.
Hearst is one of the nation's largest diversified media, information and services
companies with more than 360 businesses. Its major interests include ownership in
cable television networks such as A&E, HISTORY, Lifetime and ESPN; majority
ownership of global ratings agency Fitch Group; Hearst Health, a group of medical
information and services businesses; 30 television stations such as WCVB-TV in
31
Boston and KCRA-TV in Sacramento, Calif., which reach a combined 19 percent
of U.S. viewers; newspapers such as the Houston Chronicle, San Francisco
Chronicle and Albany Times Union, more than 300 magazines around the world
including Cosmopolitan, ELLE,Harper's BAZAAR and Car and Driver; digital
services businesses such as iCrossing and KUBRA; and investments in emerging
digital and video companies such as Complex, BuzzFeed, VICE and
Awesomeness TV.
The International Documentary Association (IDA) is dedicated to building and
serving the needs of a thriving documentary culture. Through its programs, the
IDA provides resources, creates community, and defends rights and freedoms for
documentary artists, activists, and journalists.
The Investigative Reporting Program (IRP) at U.C. Berkeley's Graduate School
of J oumalism is dedicated to promoting and protecting the practice of investigative
reporting. Evolving from a single seminar, the IRP now encompasses a nonprofit
newsroom, a seminar for undergraduate reporters and a post-graduate fellowship
program, among other initiatives. Through its various projects, students have
opportunities to gain mentorship and practical experience in breaking major stories
for some of the nation's foremost print and broadcast outlets. The IRP also works
closely with students to develop and publish their own investigative pieces. The
IRP's work has appeared on PBS Frontline, Univision, Frontline/WORLD, NPR
32
and PBS NewsHour and in publications such as Mother Jones, The New York
Times, Los Angeles Times, Time magazine and the San Francisco Chronicle,
among others.
The Investigative Reporting Workshop, a project of the School of
Communication (SOC) at American University, is a nonprofit, professional
newsroom. The Workshop publishes in-depth stories at
investigativereportingworkshop.org about government and corporate
accountability, ranging widely from the environment and health to national
security and the economy.
MP A- The Association of Magazine Media, ("MP A") is the largest industry
association for magazine publishers. The MP A, established in 1919, represents
over 175 domestic magazine media companies with more'than 900 magazine titles.
The MPA represents the interests of weekly, monthly and quarterly publications
that produce titles on topics that cover politics, religion, sports, industry, and
virtually every other interest, avocation or pastime enjoyed by Americans. The
MP A has a long history of advocating on First Amendment issues.
The National Press Club is the world's leading professional organization for
journalists. Founded in 1908, the Club has 3,100 members representing most major
news organizations. The Club defends a free press worldwide. Each year, the Club
33
holds over 2,000 events, including news conferences, luncheons and panels, and
more than 250,000 guests come through its doors.
The National Press Photographers Association ("NPPA") is a 501(c)(6) non-
profit organization dedicated to the advancement of visual journalism in its
creation, editing and distribution. NPPA's approximately 7,000 members include
television and still photographers, editors, students and representatives of
businesses that serve the visual journalism industry. Since its founding in 1946, the
NPPA has vigorously promoted the constitutional rights of journalists as well as
freedom of the press in all its forms, especially as it relates to visual journalism.
The submission of this brief was duly authorized by Mickey H. Osterreicher, its
General Counsel.
National Public Radio, Inc. (NPR) is an award-winning producer and distributor
of noncommercial news, information, and cultural programming. A privately
supported, not-for-profit membership organization, NPR serves an audience of
more than 26 million listeners each week via more than 1000 noncommercial,
independently operated radio stations, licensed to more than 260 NPR Members
and numerous other NPR-affiliated entities. In addition, NPR is reaching an
expanding audience via its digital properties, including NPR.org and NPR's
applications, which see more than 30 million unique visitors each month. National
Public Radio, Inc. has no parent company and issues no stock.
34
The New York Times Company is the publisher of The New York Times and The
International Times, and operates the news website nytimes.com.
Newsday LLC ("Newsday") is the publisher of the daily newspaper, Newsday,
and related news websites. Newsday is one of the nation's largest daily
newspapers, serving Long Island through its portfolio of print and digital products.
Newsday has received 19 Pulitzer Prizes and other esteemed awards for
outstanding journalism.
The News Guild- CWA is a labor organization representing more than 30,000
employees of newspapers, newsmagazines, news services and related media
enterprises. Guild representation comprises, in the main, the advertising, business,
circulation, editorial, maintenance and related departments of these media outlets.
The News Guild is a sector of the Communications Workers of America. CWA is
America's largest communications and media union, representing over 700,000
men and women in both private and public sectors.
Online News Association ("ONA") is the world's largest association of online
journalists. ONA's mission is to inspire innovation and excellence among
journalists to better serve the public. ONA's more than 2,000 members include
news writers, producers, designers, editors, bloggers, technologists, photographers,
academics, students and others who produce news for the Internet or other digital
35
delivery systems. ONA hosts the annual Online News Association conference and
administers the Online Journalism Awards. ONA is dedicated to advancing the
interests of digital journalists and the public generally by encouraging editorial
integrity and independence, journalistic excellence and freedom of expression and
access.
PEN America stands at the intersection of literature and human rights to protect
open expression at home and abroad. Our mission is to unite writers and their allies
to celebrate creative expression and defend the liberties that make it possible. PEN
America has over 4,400 members, a nationwide community of novelists,
journalists, editors, poets, essayists, playwrights, publishers, translators, agents,
and other professionals, and an even larger network of devoted readers and
supporters.
Radio Television Digital News Association ("RTDNA") is the world's largest
and only professional organization devoted exclusively to electronic journalism.
R TDNA is made up of news directors, news associates, educators and students in
radio, television, cable and electronic media in more than 30 countries. RTDNA is
committed to encouraging excellence in the electronic journalism industry and
upholding First Amendment freedoms.
36
The Seattle Times Company, locally owned since 1896, publishes the daily
newspaper The Seattle Times, together with The Issaquah Press, Yakima Herald-
Republic, Walla Walla Union-Bulletin, Sammamish Review and Newcastle-News,
all in Washington state.
Society of Professional Journalists ("SPJ") is dedicated to improving and
protecting journalism. It is the nation's largest and most broad-based journalism
organization, dedicated to encouraging the free practice of journalism and
stimulating high standards of ethical behavior. Founded in 1909 as Sigma Delta
Chi, SPJ promotes the free flow of information vital to a well-informed citizenry,
works to inspire and educate the next generation of journalists and protects First
Amendment guarantees of freedom of speech and press.
The Tully Center for Free Speech began in Fall, 2006, at Syracuse University's
S.I. Newhouse School of Public Communications, one of the nation's premier
schools of mass communications.
37
APPENDIXB
Of Counsel for Amici:
Richard A. Bernstein
Sabin, Bermant & Gould LLP
One World Trade Center
New York, NY 10007
Counsel for Advance Publications,
Inc.
Kevin M. Goldberg
Fletcher, Heald & Hildreth, PLC
1300 N. 17th St., 11th Floor
Arlington, VA 22209
Counsel for American Society of News
Editors
Kevin M. Goldberg
Fletcher, Heald & Hildreth, PLC
1300 N. 17th St., 11th Floor
Arlington, VA 22209
Counsel for Association of Alternative
News media
Jonathan Bloom
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
Counsel for The Association of
American Publishers, Inc.
Randy L. Shapiro
Global Media Counsel
Bloomberg LP
731 Lexington A venue
New York, NY 10022
38
Allison Lucas
General Counsel and EVP Legal
Nabiha Syed
Assistant General Counsel
BuzzFeed
111 East 18th Street, 13th Floor
New York, NY 10003
David C. Vigilante
Johnita P. Due
Cable News Network, Inc.
1 CNN Center
Atlanta, GA 30303
Matthew Leish
Vice President & Deputy General
Counsel
Daily News, LP
4 New York Plaza
New York, New York 10004
David M. Giles
Vice President/
Deputy General Counsel
The E.W. Scripps Company
312 Walnut St., Suite 2800
Cincinnati, OH 45202
Peter Scheer
First Amendment Coalition
534 Fourth St., Suite B
San Rafael, CA 94901
MariaRosa Cartolano, General
Counsel
Jessica Bohrer, Vice President,
Editorial Counsel
Forbes Media LLC
60 Fifth Avenue
New York, NY 10011
Marcia Hofmann
Counsel for Freedom of the Press
Foundation
25 Taylor Street
San Francisco, CA 94012
Barbara W. Wall
Senior Vice President & Chief Legal
Officer
Gannett Co., Inc.
7950 Jones Branch Drive
McLean, VA 221 07
Lynn Oberlander
Senior Vice President and General
Counsel
Gizmodo Media Group
114 Fifth A venue, Second Floor
New York, NY 10011
Jonathan Donnellan
Kristina Findikyan
Hearst Corporation
Office of General Counsel
300 W. 57th St., 40th Floor
New York, NY 10019
39
James Cregan
Executive Vice President
MP A - The Association of Magazine
Media
1211 Connecticut Ave. NW
Suite 610
Washington, DC 20036
Charles D. Tobin
Holland & Knight LLP
800 17th Street, NW
Suite 1100
Washington, DC 20006
Counsel for The National Press Club
Mickey H. Osterreicher
1100 M&T Center, 3 Fountain Plaza,
Buffalo, NY 14203
Counsel for National Press
Photographers Association
Jon a than Hart
Ashley Messenger
Micah Ratner
National Public Radio, Inc.
1111 North Capitol St. NE
Washington, D.C. 20002
David McCraw
V .P ./Assistant General Counsel
The New York Times Company
620 Eighth A venue
New York, NY 10018
Dina Sforza, Esq.
VP/General Counsel
NewsdayLLC
23 5 Pine lawn Road
Melville, NY 11 7 4 7
Barbara L. Camens
Barr & Camens
1025 Connecticut Ave., NW
Suite 712
Washington, DC 20036
Counsel for The Newspaper Guild-
CWA
James Tager
PEN America
588 Broadway, Suite 303
New York, NY 10012
Kathleen A. Kirby
Wiley Rein LLP
1776 K St., NW
Washington, DC 20006
Counsel for Radio Television Digital
News Association
40
Bruce D. Brown
Gregg P. Leslie
Katie Townsend
The Reporters Committee for
Freedom of the Press
1156 15th St. NW, Suite 1250
Washington, D.C. 20005
Bruce E. H. Johnson
Davis Wright Tremaine LLP
1201 Third Ave., Suite 2200
Seattle, W A 98101
Counsel for The Seattle Times Co.
Bruce W. Sanford
Mark I. Bailen
Baker & Hostetler LLP
1050 Connecticut Ave., NW
Suite 1100
Washington, DC 20036
Counsel for Society of Professional
Journalists
APPENDIXC
Corporate Disclosure Statements of Amici
41
STATE OF NEW YORK
COURT OF APPEALS
---------------------------------- ---------------------------
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.131101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
REPORTERS COMMITTEE OF FREEDOM OF PRESS
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Reporters Committee for the Freedom of
Press certifies that it is an unincorporated association of reporters and editors with
no parent or subsidiary companies.
Dated: April 14, 20 17 Respectfully submitted,
42
By:~~~
Alison Schary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
43
1251 Avenue ofthe Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------------------------------------------
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, eta!.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.131101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
ADVANCE PUBLICATIONS, INC.
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Advanced Publications, Inc. ("Advance")
certifies that it has no parent corporation, no publicly held corporation owns any of
its stock, and its subsidiaries and affiliates are listed on the annexed Exhibit A.
Dated: April 14, 2017 Respectfully submitted,
44
By~~
Alison Schary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
45
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 Avenue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
EXHIBIT A
Parent, Subsidiaries and Affiliates
of
Advance Publications, Inc.
A/NP Holdings Sub LLC
A/NPC Holdings LLC
AINPC Data Holdings Corp.
1 01 Odata Holdings Corp.
AINPP Holdings LLC
AINPP Holdings Sub LLC
ACBJ (UK) Limited
Advance Alabama Media LLC
Alabama Media Group
Advance Central Services
Alabama
Advance BCI, Inc.
Advance Central Services Inc.
Advance Communication Company
LLC
Advance Digital Inc.
Advance Executive Payroll, LLC
Advance Finance Group LLC
Advance Local LLC
Advance Magazine Publishers Inc.
Conde Nast Division
Conde Nast Digital Division
Golf Digest Division
Advance New Jersey LLC
Advance Programming Holdings,
LLC
Advance Publications of Perry &
Juniata Counties, Inc.
Advance Publications Private Payroll
LLC
Advance.net LLC
Advance/N ewhouse Investment
Partnership
Advance/N ewhouse Partnership
46
Advance/N ewhouse Programming
Partnership
American City Business Journals, Inc.
The Business Journals Division
New Media Division
Sporting News Division
Street & Smith Sports Group Division
AMPI Journal Properties LLC
API Network LLC
Australian Pacific (001) Projects Pty.
Limited
Beijing Conde Nast Digital Co., Ltd.
Beijing Condeworld Distribution Co.,
Ltd. [PRC]
Birmingham Business Journal, Inc.
Biz Books LLC
Bizjournals.Com LLC
Blogpayer, Inc.
Boston Business Journal, Inc.
Business Journal Publications, Inc.
Business Journals of Ohio Inc.
Business People Publications Limited
City Business Journals Network, Inc.
CityBusiness/Twin Cities, Inc.
CityBusiness/USA LLC
CN Commerce Ltd.
CNE Productions LLC
CNI Ediciones Holdings Inc.
ComCorp, Inc. d/b/a Sun Media
Conde Nast & National Magazine
Distributors Limited
Conde Nast (CNI) Limited
Conde Nast (India) Private Ltd.
Conde Nast Advertising (Shanghai)
Co., Ltd.
Conde Nast Americas Holdings, Inc.
Conde Nast Americas L.C.
Conde Nast Asia/Pacific, Inc.
Conde Nast Brasil Holding Ltda.
Conde Nast Cultural Enterprise
Consulting (Shanghai) Co., Ltd.
[PRC]
Conde Nast de Colombia, S.A.
Conde Nast de Mexico S.A. de C.V.
Conde Nast Digital Germany GmbH
Conde Nast Digital Limited
Conde N ast Entertainment LLC
Conde Nast Holdings (HK) Ltd.
Conde Nast International Inc.
Conde Nast International Ltd.
Conde N ast Japan LLC
Conde Nast Johansens Limited
Conde Nast New Markets
Europe/ Africa, Inc.
Conde Nast Publications Limited
[Hong Kong]
Conde Nast Russia LLC
Conde Nast Taiwan Publications
Limited
Conde Nast Treasury Services Ltd.
Conde Nast Verlag GmbH [Germany]
Conde Nast ZAO
Condenet Iberica, S.L.
Condenet.au Pty Limited
CondeNet.tw Limited
CV of Viera LLP
Easton Publishing Company a/k/a
Lehigh Valley Media Group
Ediciones Conde Nast S.A. [Spain]
Ediciones Conelpa, S.L.
Edizioni Conde Nast GmbH
Edizioni Conde Nast S.p.A. [Italy]
Executive Sports Limited
Fashion Networks International, LLC
FTI Ventures LLC
47
G.K.Conde Nast Japan
Glamour Magazines (Publishers)
Limited
Grupo de Publicaciones Ideas de
Argentina, S .A.
Hemmings Motor News, Inc.
Interculture Communications, Inc.
[Taiwan]
Interculture Magazine Co., Ltd.
Interculture Publicist Co. Ltd.
lPG International LLC
La Cucina Italiana S.r.l
Leaders in Performance Limited
Les Publications Conde Nast S.A.
[France]
Lower Broadway Productions LLC
Magazine Holdings Limited
Magazine Special Projects LLC
MassLive LLC
MatchCraft LLC
Media Consortium LLC
Media Edition International SNC
Media Group Services LLC
MGS Holdings LLC
Mid-South Communications, Inc.
Montrose GmbH
Nashville Business Journal, Inc.
New Jersey Local News Service LLC
New Jersey On-Line LLC
New Jersey Press Equipment LLC
Newark Morning Ledger Co.
Newspaper Special Projects LLC
Newsprint Purchasing, LLC
NJ Advance Media LLC
NJN Publishing Company
Northeast Ohio Marketing Network
LLC
Pacman Insurance Inc.
Parade Media Group LLC
Penn Jersey Advance Inc.
Penn Jersey Advance Central Services
Perform Sporting News Ltd.
Pharos Publications Limited
PF Festivals LLC
Plain Dealer Publishing Co.
POP, Inc.
Quadratum Publishing USA, Inc.
reddit, Inc.
Regie 56A SNC
Rhinebeck Properties LLC
Servicios Professionales y
Administrativos Editorales S.A. de
C.V.
Shanghai Conde Nast Advertising
Co., Ltd. [PRC]
South Jersey Newspapers Company
a/k/a South Jersey Media Group
Special Project Services, LLC
St. Louis Business Journal Corp.
Staten Island Live LLC
Streetwise Media, Inc.
Tatler Publishing Company Limited
Televogue Limited
The Birmingham News Company
The Birmingham News LLC
The Conde Nast Publications Limited
The Evening Journal Association
The Grand Rapids Press Publishing
Company LLC
The Herald Publishing Company,
LLC
Advance Central Services Michigan
Advance Central Services Syracuse
MLive Media Group
Syracuse Media Group
The Hillsboro Argus Inc.
The Huntsville Times Co. Inc.
The Jersey Journal LLC
48
The Mobile Press Register, Inc.
The Mobile Press Register, LLC
The Muskegon Chronicle Publishing
Company LLC
The Northeast Ohio Media Group
LLC
The Oregonian Publishing Company
LLC
Advance Central Services Oregon
Oregonian Media Group
The Oregonian Publishing Properties
LLC
The Patriot-News Co.
Advance Central Services
Pennsylvania
P A Media Group
The Patriot-News LLC
The Plain Dealer LLC
The Post-Standard LLC
The Republican Company
The Star-Ledger LLC
The Times of Trenton LLC
The Times of Trenton Publishing
Corporation
The Times-Picayune, L.L.C.
NOLA Media Group
Advance Central Services Louisiana
Two Coasts Productions LLC
Valley Publishing
Videovogue Limited
Vogue Design Limited
Vogue Model Agency Limited
Vogue Studio Limited
Wine & Food Publications Ltd.
Woodthorn Economic Consultants
LLC
Ziplist, Inc.
STATE OF NEW YORK
COURT OF APPEALS • ••••••••• • . ••.•....•.. • •. .•......• . . ........... . . .•........• . . X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, eta/.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk' s Index
Nos.B/101559 and 13/ 101560
CORPORATE DISCLOSURE STATEMENT OF
AMERICAN SOCIETY OF NEWS EDITORS
Pursuant to Section 500.1(±) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae American Society of News Editors
certifies that it has no parents, subsidiaries, or affiliates and it does not issue any
stock.
Dated: April 14, 2017 Respectfully submitted,
'--.,.,,
By :-/-..,L...:::..JL...::....:...._~___L_j~----l.d~~
Ali Schary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-340 1
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
50
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
-------------------------------------------------------------X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.13/101559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
ASSOCIATION OF ALTERNATIVE NEWSMEDIA
Pursuant to Section 500.1(±) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Association of Alternative Newsmedia
certifies that it does not have any parents, subsidiaries, or affiliates.
Dated: April 14, 2017 Respectfully submitted,
By:af~~ Alis Schary, Esq.
DAVIS WRIGHT TREMAINE LLP ,
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
52
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
-------------------------------------------------------------- X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
ASSOCIATION OF AMERICAN PUBLISHERS, INC.
Pursuant to Section 500.1 (f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Association of American Publishers, Inc.
certifies that it has no parents, subsidiaries, or affiliates.
Dated: April 14, 201 7
Respe;~:~
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 Avenue of the Americas
21st Floor
54
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------------------------------------------
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
BLOOMBERG L.P.
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Bloomberg L.P. certifies that it states that
it is a limited partnership; that its general partner is Bloomberg Inc.; and that no
publicly held corporation owns ten percent or more of Bloomberg L.P.'s limited
partnership interests, of Bloomberg Inc., or of any parent, subsidiary or affiliate of
Bloomberg L.P.
Dated: April 14, 2017 Respectfully submitted,
By: ~6/J..J>
Alison Schary, Esq. '\
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
56
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------------------------------------------
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, eta/.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
BUZZFEED INC.
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Buzzfeed Inc. certifies that it is a privately
owned company, and National Broadcasting Company (NBC) owns 10% or more
of its stock.
Dated: April 14, 2017 Respectfully submitted,
By:~
Alison Schary, Esq. )
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
58
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------- ----------------- - - --- - -----
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, eta!.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.131101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
DAILY NEWS, LP
Pursuant to Section 500.1([) ofthe Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Daily News, L.P. certifies that it is a
limited partnership, the general partner of which is New DN Company, a privately-
held corporation. Daily News, L.P. has no parent, subsidiary, or affiliate
compames.
Dated: April 14, 2017 Respectful~ly subilJitted, L c:?,
By:~·~
Ahs Schary, Esq. ·
DAVIS WRIGHT TREMAINE LLP ·
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
60
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 1 0020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------------------------------------------
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
THE E.W. SCRIPPS COMPANY
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae The E. W. Scripps Company ("Scripps")
certifies that is has no parent company. Its affiliates are Scripps Media, Inc., which
is the FCC licensee ofWKBW-TV in Buffalo, along with 32 other local broadcast
stations and their affiliated websites, as well as 34 radio stations in 8 markets and
video news channel Newsy. Additionally, Scripps owns the following podcasting
companies: 90028 Media, LLC; The Midroll LLC; Subscription on Demand Audio
LLC and EarwolfMedia LLC. Scripps also owns the Scripps National Spelling
Bee, Inc., United Feature Syndicate, Inc., and Journal Holdings, Inc.
Dated: April 14, 2017 Respectfully submitted,
62
By:~H'~-n 1 Aliso chary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS ········--···- ------ ---- --- ----- --- ------ --- --- ------ -------· -X
In the Matter of
T ALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, ;
-against-
NEW YORK CITY POLICE X
DEPARTMENT, eta/.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.1 3/1 01559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
FIRST AMENDMENT COALITION
Pursuant to Section SOO.l(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae First Amendment Coalition certifies that it
is a nonprofit organization with no parent company, subsidiaries, or affiliates. It
issues no stock and does not own any of the party's or amicus' stock.
Dated: April 14, 2017 Respectfully submitted,
'----- -
c ary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
64
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--- -------------------------------- ------ -- ----------------- --. X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, eta/.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.l3/101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
FORBES MEDIA LLC
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Forbes Media LLC certifies that it is a
privately own company. Forbes Global Media Holdings Inc., a BVI entity, is
Forbes Media LLC's sole parent corporation and owns 100% of Forbes Media
LLC. In addition, the entities Forbes Media Asia Pte Ltd., Forbes LLC,
Forbes.com LLC, Clipmarks Holdings LLC, and Forbes Education Holdings LLC
are the subsidiaries of Forbes Media LLC
Dated: April 14, 2017 Respectfully submitted,
By:~"---=-~~-...........,_____,._,.d=--==-..,.
Alison Schary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
66
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------------------------------------------
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, etal.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
FREEDOM OF THE PRESS FOUNDATION
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Freedom of the Press Foundation certifies
that it does not have a parent corporation, and no publicly held corporation owns
10% or more of the stock ofthe organization.
Dated: April14, 2017 Respectfu~lly subm:~tted, <::______ fL-7
By: . . L.4flh/1
Ali~Esq.~t
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
68
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--- ----- -..••••.•••••.•.••. ---- --- --- --------- ----- --- -------- . X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, eta!.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.l3/ 101559 and 13/1 01560
CORPORATE DISCLOSURE STATEMENT OF
GANNETT CO., INC.
Pursuant to Section 500.1(t) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Gannet Co., Inc. certifies that it is a
publicly traded company and has no parent corporation. BlackRock, Inc., a
publicly traded company, owns 10 percent or more of Gannett stock. A list of the
subsidiaries and affiliates of Gannett Co., Inc. are listed on the annexed Exhibit B.
Dated: April 14, 2017
By:~,.c..._ _ ....:...__...:___"'='t......=:...__~
Alison Schary, Esq.
D AVIS WRIGHT TREMArNE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
70
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
EXHIBIT B
Subsidiaries and Affiliates
of
Gannett Co., Inc.
ACTION ADVERTISING, INC.
THE ADVERTISER COMPANY
ALEXANDRIA NEWSPAPERS, INC.
BAXTER COUNTY NEWSPAPERS, INC.
BIZZY, INC.
BOAT SPINCO, INC.
CITIZEN PUBLISHING COMPANY
THE COURIER-JOURNAL, INC.
DEALON, LLC
DES MOINES PRESS CITIZEN LLC
DES MOINES REGISTER AND TRIBUNE COMPANY
THE DESERT SUN PUBLISHING COMPANY
DESERT SUN PUBLISHING LLC
DESK SPINCO, INC.
DETROIT FREE PRESS, INC.
DETROIT NEWSPAPER PARTNERSHIP, LP
DIGICOL, INC.
EVANSVILLE COURIER COMPANY, INC.
FEDERATED PUBLICATIONS, INC.
GANNETT GP MEDIA, INC.
GANNETT INTERNATIONAL COMMUNICATIONS, INC.
GANNETT INTERNATIONAL FINANCE, LLC
GANNETT MEDIA SERVICES, LLC
GANNETT MHC MEDIA, INC.
GANNETT MISSOURI PUBLISHING, INC.
GANNETT PUBLISHING SERVICES, LLC
GANNETT RETAIL ADVERTISING GROUP, INC.
GANNETT RIVER STATES PUBLISHING CORPORATION
GANNETT SATELLITE INFORMATION NETWORK, LLC
GANNETT SUPPLY CORPORATION
GANNETT UK MEDIA, LLC
GANNETT VERMONT INSURANCE, INC.
GANNETT VERMONT PUBLISHING, INC.
GCCC, LLC
GCOE,LLC
GFHC, LLC
GNSS LLC
GUAM PUBLICATIONS, IN CORPORA TED
INDIANA NEWSPAPERS, LLC
JOURNAL COMMUNITY PUBLISHING GROUP, INC.
JOURNAL MEDIA GROUP, INC.
JOURNAL SENTINEL, INC.
KICKSERV, INC.
MEMPHIS PUBLISHING COMPANY
MULTIMEDIA, INC.
PACIFIC MEDIA, INC.
PHOENIX NEWSPAPERS, INC.
PRESS-CITIZEN COMPANY INC.
REACHLOCAL, INC.
REACHLOCAL CANADA, INC.
REACHLOCAL DP, INC.
REACHLOCAL INTERNATIONAL, INC.
REACHLOCAL INTERNATIONAL GP LLC
RENO NEWSPAPERS, INC.
SALINAS NEWSPAPERS LLC
SCRIPPS NP OPERATING, LLC
SEDONA PUBLISHING COMPANY, INC.
THE SUN COMPANY OF SAN BERNARDINO, CALIFORNIA, LLC
TEXAS-NEW MEXICO NEWSPAPERS, LLC
THE TIMES HERALD COMPANY
TN! PARTNERS
US PRESSWIRE, LLC
USA TODAY SPORTS MEDIA GROUP, LLC
VISALIA NEWSPAPERS LLC
X.COM,INC.
YORK DAILY RECORD-YORK SUNDAY NEWS LLC
YORK DISPATCH LLC
YORK NEWSPAPER COMPANY
YORK NEWSPAPERS HOLDINGS, L.P.
YORK NEWSPAPERS HOLDINGS, LLC
YORK PARTNERSHIP HOLDINGS, LLC
GANNETT U.K. LIMITED
NEWSQUEST LIMITED
NEWSQUEST CAPITAL LIMITED
72
NEWSQUEST MEDIA GROUP LTD
ADVERTISER SERIES LIMITED
ADVERTISING DISTRIBUTION SERVICES LIMITED
ASHERCLOSE LIMITED
THE A VON ADVERTISER LIMITED
BAILEY NEWSPAPER GROUP LIMITED
BAILEY PRINT LIMITED
BAILEY WEB LIMITED
BARRY PRINTING & PUBLISHING CO. LIMITED
BECK & PARTRIDGE LIMITED
THE BEDFORDSHIRE TIMES PUBLISHING COMPANY LIMITED
BIRD BROTHERS LIMITED
THE BRADFORD AND DISTRICT NEWSPAPER COMPANY LIMITED
BRIGHTON & DISTRICT PROPERTY NEWS LIMITED
BURY TIMES LIMITED
C.H. PEACOCK LIMITED
CAMPAIGN FREE NEWSPAPERS LIMITED
CLEADON PRESS LIMITED
THE CRAVEN HERALD LIMITED
CSONCO LIMITED
DAILY NEWS GROUP LIMITED
DEVOBROOK LIMITED
EXCHANGE ENTERPRISES LIMITED
EXTONBASE LIMITED
FOREST MACHINE JOURNAL LIMITED
FOSSILCOVE LIMITED
GLOUCESTERSHIRE INDEPENDENT LIMITED
H DAWSON & CO (PRINTERS) LIMITED
HAMPSHIRE NEWSPAPERS LIMITED
HELSTON PRINTERS LIMITED
HENRY PEASE & COMPANY LIMITED
INDEPENDENT MEDIA LIMITED
J H LAKE & CO LIMITED
JAXMAN LIMITED
JOHN H BURROWS & SONS LIMITED
KINSMAN REEDS LIMITED
LETTERCA TCH LIMITED
MSOMN LIMITED
THE NATIONAL PRESS AGENCY LIMITED
NEW FOREST POST LIMITED
73
NEWSQUEST (ESSEX) LIMITED
NEWSQUEST (HERTS & BUCKS) LIMITED.
NEWSQUEST (INVESTMENTS) LIMITED
NEWSQUEST (LEEDS) LIMITED
NEWSQUEST (LONDON & ESSEX) LIMITED
NEWSQUEST (MIDLANDS SOUTH) LIMITED
NEWSQUEST (NORTH EAST) LIMITED
NEWSQUEST (NORTH WEST) LIMITED
NEWSQUEST (OXFORDSHIRE & WILTSHIRE) LIMITED
NEWSQUEST (SUSSEX) LIMITED
NEWSQUEST (YORK) LIMITED
NEWSQUEST (YORKSHIRE & NORTH EAST) LIMITED
NEWSQUEST FINANCIAL MEDIA LIMITED
NEWSQUEST MEDIA (MIDLAND) LTD.
NEWSQUEST MEDIA (SOUTHERN) LIMITED
NEWSQUEST PENSION TRUSTEE LIMITED
NEWSQUEST PRINTING (COLCHESTER) LIMITED
NEWSQUEST PRINTING (LANCASHIRE) LIMITED
NEWSQUEST SPECIALIST MEDIA LIMITED
NORTH OF ENGLAND NEWSPAPER COMPANY LIMITED
NURSING SPECTRUM UK LIMITED
THE OXFORD MAIL AND TIMES LIMITED
PACKET NEWSPAPERS (CORNWALL) LIMITED
PARTRIDGE PRINTERS LIMITED
PROPERTY WEEKLY LIMITED
PYTHONDECK LIMITED
RAWLINGS AND WALSH LIMITED
RUSHOLMES PRINTERS LIMITED
SALISBURY JOURNAL NEWSPAPERS LIMITED
SA WP LIMITED
SELLIX LIMITED
SLOUGH NEWSPAPER PRINTERS LIMITED
SOPRESS INVESTMENTS LIMITED
SOUTH WALES ARGUS LIMITED
SOUTH WEST COUNTIES NEWSPAPERS LIMITED
SOUTH WEST WALES NEWSPAPERS LIMITED
SOUTHERN NEWSPAPERS LIMITED
SPICEFORD LIMITED
STELERT LIMITED
STONE SQUARE NEWSAGENCY LIMITED
74
STOUR VALLEY NEWS LIMITED
SURFIELD LIMITED
SW ALLOWDOVE LIMITED
TEDDINGTON & HAMPTON TIMES LIMITED
THIS IS ESSEX LIMITED
TWO'S COMPANY (DATING) LIMITED
WARDEN AND COMPANY LIMITED
WEST COUNTRY MAGAZINES LIMITED
WEST OF ENGLAND NEWSPAPERS LIMITED
WESTMINSTER PRESS LIMITED
WESTMORLAND GAZETTE LIMITED
WILTSHIRE NEWSPAPERS LIMITED
WM DRESSER AND SONS LIMITED
WP PUBLISHING
WROUGHTON PRESS LIMITED
WXAN LIMITED
YEOMAN DEVELOPMENTS (WINTON) LIMITED
THE YORKSHIRE HERALD NEWSPAPER COMPANY LIMITED
NEWSQUEST (BERKSHIRE) LIMITED
NEWSQUEST (CLYDE & FORTH PRESS) LIMITED
FIRTH FM HOLDINGS LIMITED
NEWSQUEST (HERALD & TIMES) LIMITED
NEWSQUEST (SUNDAY HERALD) LIMITED
NEWSQUEST MAGAZINES LIMITED
NEWSQUEST PRINTING (GLASGOW) LIMITED
ROMANES MEDIA LIMITED
ROMANES MEDIA GROUP LIMITED
ROMANES MEDIA GROUP EBT LIMITED
S 1 NOW LIMITED
YOUR RADIO FM LIMITED
WILLIAM TRIMBLE LIMITED
75
STATE OF NEW YORK
COURT OF APPEALS
-------------------------------------------------------------- X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
GIZMODO MEDIA GROUP, LLC
Pursuant to Section 500.1(£) ofthe Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Gizmodo Media Group, LLC certifies that
it is a subsidiary of Univision Interactive Media, Inc. d/b/a/ Fusion Media Group,
which is itself a subsidiary ofUnivision Communications Inc. Gizmodo Media
Group has one subsidiary, GMG Hungary Kft., and the following affiliates (also
owned by Univision Interactive Media, Inc.): La Fabrica, LLC; Story House
Entertainment, LLC, Flama Media, LLC; Univision Digital Music, LLC; Uni-
Labs, LLC; Univision Fantasy Sports, LLC; D2C, LLC; and Uni-Leek, LLC ..
Dated: April 14, 2017 Respectfully submitted,
BytJ;~~
Ali Schary, Esq.
77
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 Avenue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------------------------------------------
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.131101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
HEARST CORPORATION
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Hearst Corporation ("Hearst") certifies that
it is privately held by the Hearst Family Trust and has no other parent. Hearst has
no publicly-traded subsidiaries or affiliates.
Dated: April 14, 2017
Respe:~l~e;~ ~ ~
Alis ~ry, Esq. ~v
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
79
1251 Avenue ofthe Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------------------------------------------X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, etal.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
INTERNATIONAL DOCUMENTARY ASSN.
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae International Documentary Assn. certifies
that it is a non-for-profit organization with no parent corporation and does not issue
stock.
Dated: April 14, 2017 Respectfully submitted,
By:W~£~
Alison Schary, Esq. ~
DAVIS WRIGHT TREMAINE LLP I
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
81
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
• • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • .X.
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos. 13/1 01559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
INVESTIGATIVE REPORTING PROGRAM
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Investigative Reporting Program certifies
that it is a nonprofit affiliated with the University of California, Berkeley. It issues
no stock.
Dated: April 14, 2017 Respectfully submitted,
By :-+-7"--'"-"'-'.......,.."'--"---"--_...i....;;.=-- -~
Alison Schary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
83
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--------------------------------------------------------------
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.131101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
INVESTIGATIVE REPORTING WORKSHOP AT AMERICAN
UNIVERSITY
Pursuant to Section 500.1(£) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Investigative Reporting Workshop at
American University certifies that is a privately funded, non-profit news
organization affiliated with the American University School of Communication in
Washington. It issues no stock.
Dated: April 14, 2017 Respectfu~lly submitted:__····~···· ,
By: /\/7}"-J
Ali n chary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
85
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Town send, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
-- -- ----- ----- - ........ - - --------- .. --- -- - .... -- -- ...... - - ·· ·-. X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.B/101559 and 13/ 101560
CORPORATE DISCLOSURE STATEMENT OF
MPA - THE ASSOCIATION OF MAGAZINE MEDIA
Pursuant to Section 500.l(t) of the Rules ofPractice for this Court, the
undersigned counsel for Amicus Curiae MP A - The Association of Magazine
Media certifies that it has no parent companies, and no publicly held company
owns more than 10% of its stock.
Dated: April 14, 2017 Respectfully submitted,
B y:__,_.-L---'-"'-=-><-.....::--f~~=-="""""'"""',..--
Alison Schary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
87
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
------ - ----- ••••••••• - -- --- --------- ---- - -- ------ -- - ----- ---- - X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.l31101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
THE NATIONAL PRESS CLUB
Pursuant to Section 500.1(t) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae The National Press Club certifies that it is
a not-for-profit corporation that has no parent company and issues no stock.
Dated: April 14, 2017 Respectfully submitted,
<::.... _
By:-+~£...~.~~:__~)-..\.;,.L:::=.==:~
Alison Schary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania A venue NW
Suite 800
Washington, DC 20006-340 1
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21 51 Floor
89
New York, NY 1 0020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS . • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • . • • . • . • • . • • . • • . • • • • • • • . • • • • • . X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/1 01559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION
Pursuant to Section 500.l(t) of the Rules ofPractice for this Court, the
undersigned counsel for Amicus Curiae National Press Photographers Association
certifies that it is a 501(c)(6) nonprofit organization with no parent company and
does not issue any stock.
Dated: April 14, 2017 Respectfully submitted,
By :-+-~..=:._.:"-"'--=:......::...~--v--:>.....f-,f---=-....:::::.--
Alis chary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-340 1
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
91
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.13/101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
NATIONAL PUBLIC RADIO, INC.
Pursuant to Section 500.1(±) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae National Public Radio, Inc. certifies that it
is a privately supported, not-for-profit membership organization that has no parent
company and issues no stock. National Public Radio, Inc.'s subsidiaries are
National Public Media, LLC, a majority-owned subsidiary, and NPR Media Berlin
gGmbH, a wholly-owned German subsidiary. The NPR Foundation is an affiliate
of National Public Radio, Inc. National Public Radio, Inc. and American Coalition
for Public Radio may be considered related entities. Public Media Platform, Inc.
and Broadcaster Traffic Consortium, LLC are companies in which National Public
Radio, Inc. participates as a member.
Dated: April 14, 2017 Respectfully submitted,
93
By : -+-----r----'-''----""--=---"------"--_..L.._----'-'..,)..__-""""---
Alis chary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 Avenue ofthe Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 2000 5
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, eta!.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
THE NEW YORK TIMES COMPANY
Pursuant to Section 500.1(£) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae The New York Times Company certifies
that The New York Times Company no parent company. One publicly held
corporation, Grupo Finaciero Inbursa, S.A.B. de C.V., owns more than 10 percent
of its stock through affiliated entities. The Times's subsidiaries and affiliates are
listed on the annexed Exhibit C.
Dated: April 14, 2017 Respectfull~
By:~~
Alison Schary, Esq. \
DAVIS WRIGHT TREMAINE LLP \
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
95
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
EXHIBIT C
Subsidiaries and Affiliates
of
The New York Times Company
The New York Times Company
Hello So9iety, LLC
IHTLLC
International Herald Tribune S.A.S.
International Business Development (IBD)
International Herald Tribune (Hong Kong) LTD.
International Herald Tribune (Singapore) PTE. LTD.
Beijing Shixun Zhihua Consulting Co. LTD.
International Herald Tribune B.V.
International Herald Tribune GmbH
International Herald Tribune (Zurich) GmbH
International Herald Tribune Japan GK
International Herald Tribune Ltd. (U.K.)
International Herald Tribune U.S. Inc.
International Herald Tribune-Kathimerini Commercial S.A. (50%)
The Herald Tribune- Ha'aretz Partnership (50%)
London Bureau Limited
Madison Paper Industries (partnership) ( 40%)
New York Times Digital LLC
Northern SC Paper Corporation (80%)
NYT Administradora de Bens e Servicos Ltda.
NYT Building Leasing Company LLC
NYT Group Services, LLC
NYT News Bureau (India) Private Limited
NYT Real Estate Company LLC
The New York Times Building LLC (58%)
Rome Bureau S.r.l.
Women in the World Media, LLC (30%)
NYT Capital, LLC
Donohue Malbaie Inc. ( 49%)
Midtown Insurance Company
NEMG T&G, Inc. (formerly Worcester Telegram & Gazette Corporation)
NYT Shared Service Center, Inc.
International Media Concepts, Inc.
The New York Times Distribution Corporation
The New York Times Sales Company
The New York Times Syndication Sales Corporation
100% owned unless otherwise indicated.
97
STATE OF NEW YORK
COURT OF APPEALS
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
X
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-2016-00219
New York County Clerk's Index
Nos.13/101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
NEWSDAYLLC
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Newsday LLC certifies that it is a
Delaware limited liability company whose members are Tillandsia Media Holdings
LLC and Newsday Holdings LLC. Newsday Holdings LLC is an indirect
subsidiary of Cablevision Systems Corporation, which is indirectly owned by
Altice N.Y., a Netherlands public company (which holds a majority interest);
Canada Pension Plan Investment Board, a Canadian Crown corporation; and BC
Partners, a U.K. private equity firm.
Dated: April 14, 2017 Respectfully submitted,
By:+-~ ___ .::....___:>.....L._ _ ~_
Alison Schary, Esq.
99
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 Avenue ofthe Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
...... ········- -------- -·· . ••• - ••. ------- -- -- - -- - - .----------- . X
In the Matter of
T ALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.l311 01559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
THE NEWSGUILD-CWA
Pursuant to Section 500.l(t) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae The Newsguild-CW A (TNG-CW A)
certifies that it is an unincorporated association. It is affiliated with its parent
union, the Communications Workers of America (CWA). Neither TNG-CWA nor
CW A issues stock.
Dated: April 14, 2017 Respectfully submitted,
7
By:--f~,L4-£...._-=----=-~---+
Alis chary, Esq.
DA VJS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
101
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
----- --- -- -- -- - ----------------------------------------------- X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.l3/101559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
ONLINE NEWS ASSOCIATION
Pursuant to Section 500_1 (f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Online News Association certifies that it is
a non-profit corporation and has no parent companies, subsidiaries, or affiliates.
Dated: April 14, 2017 Respectfully submitted, ( .
By:~L]~
Alis chary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973_4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
103
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
········ ···· · ······· ·· · · ··-·--· · ·· ····· ····· -- - -- -- -- ----- ---- · X
In the Matter of
T ALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, eta!.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/ 101559 and 13/ 101560
CORPORATE DISCLOSURE STATEMENT OF
PEN AMERICA
Pursuant to Section 500.1 (f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae PEN America certifies that it is a 501(c)(3)
non-profit association of writers, editors, and translators with no parent, subsidiary,
or affil iate companies.
Dated: April 14, 2017
By :-+-~~--==--~---1::-\_____.~t.--::.=---....
Aliso chary, Esq.
D AVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
105
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
--- ----- ----- ----- · -··--- --- -------- --- ------- ---- ------- -----· X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.1311 01559 and 131101560
CORPORATE DISCLOSURE STATEMENT OF
RADIO TELEVISION DIGITAL NEWS ASSOCIATION
Pursuant to Section 5 00.1 (f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Radio Television Digital News
Association ("RTDNA") certifies that RTDNA is a nonprofit organization that has
no parent company and issues no stock.
Dated: April 14, 2017 Respectfully submitted,
By:--+-~~~.L..-v.-:::--+-~:;._~
Aliso ary, Esq.
DAVIS WRJGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq _
DAVIS WRJGHT TREMAINE LLP
107
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
------------------------------------ ---------- --------- --- X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE X
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.131101559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
THE SEATTLE TIMES COMPANY
Pursuant to Section 500.1(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae The Seattle Times Company certifies that
The McClatchy Company owns 49.5% of the voting common stock and 70.6% of
the nonvoting common stock of The Seattle Times Company.
Dated: April 14, 2017
Respe;~:af~
DAVIS WRIGHT TREMAINE LLP .
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
109
1251 A venue of the Americas
21st Floor
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
. STATE OF NEW YORK
COURT OF APPEALS
-- ------- -- ------- --- ----------- ------------------------------ . X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, et al.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/101559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
SOCIETY OF PROFESSIONAL JOURNALISTS
Pursuant to Section 500.l(t) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Society of Professional Journalists certifies
that it is a non-profit corporation and has no parent company or subsidiaries.
Dated: April 14, 2017 Respectfully submitted,
By:~~r'---'""'""--1.~::........<....__._-++-->~~ ....
Aliso chary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21 st Floor
111
New York, NY 10020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 151h Street NW
Suite 1250
Washington, DC 20005
202.795.9300
STATE OF NEW YORK
COURT OF APPEALS
· -------------- -········ -· ··· ---···-- -··- --- -·- ---- ... ---····· · X
In the Matter of
TALIB W. ABDUR-RASHID and
SAMIR HASHMI
Petitioners-Appellants, :
-against-
NEW YORK CITY POLICE x
DEPARTMENT, eta/.
Respondents-Appellees.
APL-20 16-00219
New York County Clerk's Index
Nos.13/1 01559 and 13/101560
CORPORATE DISCLOSURE STATEMENT OF
TULLY CENTER FOR FREE SPEECH
Pursuant to Section SOO.l(f) of the Rules of Practice for this Court, the
undersigned counsel for Amicus Curiae Tully Center for Free Speech certifies that
it is a subsidiary of Syracuse University.
Dated: April 14, 2017
By :-+---7"'--"""'--"---=--"----..:o..---+--->-~-=-
Aliso chary, Esq.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
202.973.4248
John M. Browning, Esq.
DAVIS WRIGHT TREMAINE LLP
1251 A venue of the Americas
21st Floor
113
New York, NY 1 0020-1104
212.603.6410
Katie Townsend, Esq.
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street NW
Suite 1250
Washington, DC 20005
202.795.9300