AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 67

Memorandum in opposition to re #64 First MOTION to Compel Public Resource.Org, Inc. Discovery filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 Declaration of Kathleen Lu In Support of Defendant-Counterclaimant Public.Resource.Org, Inc.'s Opposition to Plaintiff-Counterdefendant American Society for Testing and Materials d/b/a ASTM International Motion to Compel Discovery, #2 Declaration of John Doe In Support of Defendant-Counterclaimant Public.Resource.Org, Inc.'s Response to Plaintiffs' Motion to Compel Discovery, #3 Declaration of Carl Malamud In Support of Defendant-Counterclaimant Public.Resource.Org, Inc.'s Response to Plaintiffs' Motion to Compel Discovery)(Bridges, Andrew)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING AND
MATERIALS d/b/a ASTM INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR CONDITIONING
ENGINEERS,
Plaintiffs-Counterdefendants,

Case No. 1:13-cv-01215-TSC-DAR
DECLARATION OF CARL
MALAMUD IN SUPPORT OF
DEFENDANT-COUNTERCLAIMANT
PUBLIC.RESOURCE.ORG, INC.’S
RESPONSE TO PLAINTIFFS’
MOTION TO COMPEL DISCOVERY
Filed:

August 6, 2013

v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant-Counterclaimant.
I, CARL MALAMUD, declare as follows:
1. I founded Public.Resource.Org (“Public Resource”) in 2007 and I serve as its
president.
2. Public Resource works to make government documents more available to the
public via the Internet. As part of this work, I publish essays and position papers,
write to and meet with government officials, and testify at legislative and
administrative hearings.
3. Public Resource’s work is funded almost entirely by charitable donations. While
Public Resource has made t-shirts and other memorabilia bearing its logo
available for sale, it has obtained less than $100 through such sales.
4. Some donors to Public Resource have consented to be identified publicly on
Public Resource’s website, and are identified there.
5. However, many donors to Public Resource have not consented to be identified
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publicly, and have expressed a desire to remain anonymous. I believe that donors
to Public Resource know that Public Resource’s work is controversial, and has
drawn legal threats and litigation.
6. For example, several large donors channel their donations through Donor Advised
Funds and other charitable instruments that keep donors’ identities private.
7. Another large donor has a policy of anonymous philanthropy and has made that
policy known to Public Resource. It is my understanding that that donor is
submitting a declaration in connection with this motion, signed as John Doe.
8. Those who donate through the Internet have also expressed a desire for
anonymity. From May through July, 2014, Public Resource conducted a series of
fundraising campaigns through the website indiegogo.com to raise funds for the
scanning and posting of official state statutes in four states. One-third of the
donors to these campaigns requested anonymity.
9. It is my belief, based on communications with donors and my experience in
political advocacy and fundraising, that if Public Resource is compelled to reveal
the identities of its donors to the Plaintiffs in this case, some current donors will
be reluctant to donate again, and potential new donors will be discouraged from
donating. Such compelled disclosure will make it more difficult for Public
Resource to raise funds, and its ability to advocate will be diminished.

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