CABLE NEWS NETWORK, INC. et al v. TRUMP et al

Filing 6

MOTION for Leave to File Amicus Curiae Brief by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief, # 2 Text of Proposed Order)(Geltzer, Joshua)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

CABLE NEWS NETWORK, INC. and ABILIO
JAMES ACOSTA,
Plaintiffs,
v.
DONALD J. TRUMP, in his official capacity as
President of the United States; JOHN F. KELLY,
in his official capacity as Chief of Staff to the
President of the United States; WILLIAM
SHINE, in his official capacity as Deputy Chief
of Staff to the President of the United States;
SARAH HUCKABEE SANDERS, in her official
capacity as Press Secretary to the President of the
United States; the UNITED STATES SECRET
SERVICE; RANDOLPH ALLES,
in his official capacity as Director of the
United States Secret Service; and JOHN
DOE, Secret Service Agent, in his official
capacity,

Case No. 1:18-cv-02610-TJK

Defendants.

MOTION FOR LEAVE TO FILE BRIEF OF THE REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS AS AMICUS CURIAE SUPPORTING PLAINTIFFS’
MOTIONS FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY
INJUNCTION
Proposed amicus curiae, the Reporters Committee for Freedom of the Press (the “Reporters
Committee”), respectfully moves this Court under Local Civil Rule 7(o) for leave to file the
attached amicus curiae brief in support of Plaintiffs’ Motions for a Temporary Restraining Order
and Preliminary Injunction. The proposed brief is attached to this Motion.
1.

This Court “has broad discretion to permit . . . participat[ion] [of] amici curiae,”

and amicus participation is appropriate where amici have “relevant expertise and a stated concern

for the issues at stake in [the] case.” Dist. of Columbia v. Potomac Elec. Power Co., 826 F. Supp.
2d 227, 237 (D.D.C. 2011). This Court has recognized that an amicus brief should “‘normally be
allowed when . . . the amicus has unique information or perspective that can help the court beyond
the help that the lawyers for the parties are able to provide.’” Cobell v. Norton, 246 F. Supp. 2d
59, 62 (D.D.C. 2003) (quoting Ryan v. Commodity Futures Trading Comm’n, 125 F.3d 1062, 1063
(7th Cir. 1997)); see also Jin v. Ministry of State Sec., 557 F. Supp. 2d 131, 137 (D.D.C. 2008)
(same).
2.

The Reporters Committee is an unincorporated association of reporters and editors

dedicated to defending the First Amendment and newsgathering rights of the press. The Reporters
Committee therefore has a powerful interest in ensuring that individual reporters and media outlets
are not subject to retaliation for the content of their coverage or their questioning of government
officials.
3.

This brief is intended to highlight for the Court the chilling effect that the

Defendants’ actions are having on journalists and news organizations not before the Court. The
Reporters Committee is uniquely positioned to provide this Court with information and insight
based on its experience advocating on behalf of reporters and media outlets. The proposed amicus
brief puts the Defendants’ actions and their effects on journalists and news organizations in the
context of what First Amendment caselaw says about the chilling effect of government suppression
of and restrictions on speech. In addition, the brief discusses the impact that the Defendants’
actions are having beyond the borders of the United States at a time when free speech and the free
press is under assault around the globe.

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4.

The Reporters Committee has obtained consent from Plaintiffs to file this brief, but

it has not had the opportunity to seek consent from Defendants, given the time constraints
associated with this filing.

Dated: November 13, 2018

Respectfully submitted,

/s/ Joshua A. Geltzer
JOSHUA A. GELTZER (D.C. Bar
No. 1018768)
Counsel of Record for Amicus Curiae
JONATHAN L. BACKER*
MARY B. MCCORD
INSTITUTE FOR CONSTITUTIONAL
ADVOCACY AND PROTECTION
Georgetown University Law Center
600 New Jersey Ave., NW
Washington, DC 20001
Telephone:
202.661.6728
[e-mail]

BRUCE D. BROWN
KATIE TOWNSEND
GABRIEL ROTTMAN
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS
1156 15th Street Nw, Ste. 1020
Washington, DC 20005
Telephone:
202.795.9300
[e-mail]
Counsel for Amicus Curiae

* pro hac vice motion pending

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CERTIFICATE OF SERVICE

I hereby certify that on November 13, 2018, I filed this Motion with the United States
District Court for the District of Columbia using the CM/ECF system, which will cause it to be
served on all counsel of record.

Dated: November 13, 2018

Respectfully submitted,

/s/ Joshua A. Geltzer
JOSHUA A. GELTZER (D.C. Bar
No. 1018768)
INSTITUTE FOR CONSTITUTIONAL
ADVOCACY AND PROTECTION
Georgetown University Law Center
600 New Jersey Ave., NW
Washington, D.C. 20001
Telephone: [phone]
[e-mail]