USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 1 of 39
`
`No. 20-1776 (L)
`_________________________
`
`IN THE UNITED STATES COURT OF APPEALS
`FOR THE FOURTH CIRCUIT
`_________________________
`
`PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.; CENTER
`FOR FOOD SAFETY; ANIMAL LEGAL DEFENSE FUND; FARM
`SANCTUARY; FOOD & WATER WATCH; GOVERNMENT
`ACCOUNTABILITY PROJECT; FARM FORWARD; and AMERICAN
`SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS,
`
`Plaintiffs-Appellees, Cross-Appellants
`
`v.
`
`NORTH CAROLINA FARM BUREAU FEDERATION, INC.,
`
`Intervenor-Defendant-Appellant, Cross-Appellee,
`
`and
`
`JOSH STEIN, in his official capacity as Attorney General of North Carolina, and
`DR. KEVIN GUSKIEWICZ, in his official capacity as Chancellor of the
`University of North Carolina-Chapel Hill,
`
`Defendants-Appellants, Cross-Appellees.
`_________________________
`
`On Appeal from the U.S. District Court for the Middle District of North Carolina
`Case No. 1:16-CV-00025-TDS-JEP
`_________________________
`
`BRIEF OF AMICI CURIAE THE REPORTERS COMMITTEE FOR
`FREEDOM OF THE PRESS AND 17 MEDIA ORGANIZATIONS IN
`SUPPORT OF PLAINTIFFS-APPELLEES
`_________________________
`
`(Counsel listed on inside cover)
`
`
`
`
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 2 of 39
`
`
`
`
`
`
`
`
`
`Bruce D. Brown
`Counsel of Record
`Katie Townsend**
`Lin Weeks**
`REPORTERS COMMITTEE FOR
`FREEDOM OF THE PRESS
`1156 15th Street NW, Ste. 1020
`Washington, D.C. 20005
`Telephone: (202) 795-9300
`Facsimile:
`(202) 795-9310
`bbrown@rcfp.org
`**Of counsel
`
`
`
`
`
`
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 3 of 39
`
`•
`
`•
`•
`
`UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
`
`DISCLOSURE STATEMENT
`
`In civil, agency, bankruptcy, and mandamus cases, a disclosure statement must be filed by all
`parties, with the following exceptions: (1) the United States is not required to file a disclosure
`statement; (2) an indigent party is not required to file a disclosure statement; and (3) a state
`or local government is not required to file a disclosure statement in pro se cases. (All parties
`to the action in the district court are considered parties to a mandamus case.)
`In criminal and post-conviction cases, a corporate defendant must file a disclosure statement.
`In criminal cases, the United States must file a disclosure statement if there was an
`organizational victim of the alleged criminal activity. (See question 7.)
`• Any corporate amicus curiae must file a disclosure statement.
`• Counsel has a continuing duty to update the disclosure statement.
`
`
`PETA et al. v. NC Farm Bureau et al.
`Caption: __________________________________________________
`
`
`20-1776
`No. __________
`
`Pursuant to FRAP 26.1 and Local Rule 26.1,
`
`The Center for Public Integrity, The International Documentary Association (IDA), The Investigative Reporting Workshop, Mother Jones,
`______________________________________________________________________________
`(name of party/amicus)
`
`MPA - The Association of Magazine Media, The Online News Association
`______________________________________________________________________________
`
`amicus
` who is _______________________, makes the following disclosure:
`(appellant/appellee/petitioner/respondent/amicus/intervenor)
`
`
`1.
`
`
`2.
`
`Is party/amicus a publicly held corporation or other publicly held entity?
`
`YES NO
`
`YES NO
`Does party/amicus have any parent corporations?
`If yes, identify all parent corporations, including all generations of parent corporations:
`
`Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or
`other publicly held entity?
`YES NO
`If yes, identify all such owners:
`
`
`
`
`
`
`3.
`
`
`
`
`
`
`
`
`12/01/2019 SCC
`
`
`- 1 -
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 4 of 39
`
`4.
`
`
`
`
`
`
`
`5.
`
`
`
`
`
`
`6.
`
`7.
`
`Is there any other publicly held corporation or other publicly held entity that has a direct
`financial interest in the outcome of the litigation?
`YES NO
`If yes, identify entity and nature of interest:
`
` YES NO
`Is party a trade association? (amici curiae do not complete this question)
`If yes, identify any publicly held member whose stock or equity value could be affected
`substantially by the outcome of the proceeding or whose claims the trade association is
`pursuing in a representative capacity, or state that there is no such member:
`
` YES NO
`Does this case arise out of a bankruptcy proceeding?
`If yes, the debtor, the trustee, or the appellant (if neither the debtor nor the trustee is a
`party) must list (1) the members of any creditors’ committee, (2) each debtor (if not in the
`caption), and (3) if a debtor is a corporation, the parent corporation and any publicly held
`corporation that owns 10% or more of the stock of the debtor.
`
`
`
`
`
`
` YES NO
`Is this a criminal case in which there was an organizational victim?
`If yes, the United States, absent good cause shown, must list (1) each organizational
`victim of the criminal activity and (2) if an organizational victim is a corporation, the
`parent corporation and any publicly held corporation that owns 10% or more of the stock
`of victim, to the extent that information can be obtained through due diligence.
`
`
`
`
`
`
`
`
`
`/s/ Bruce D. Brown
`Signature: ____________________________________
`
`Reporters Committee for Freedom of the Press
`Counsel for: __________________________________
`
`
`
`
`
`
`
`
`- 2 -
`
`Print to PDF for Filing
`
`
`
`March 1, 2021
`Date: ___________________
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 5 of 39
`
`(cid:120)
`
`(cid:120)
`(cid:120)
`
`UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
`
`DISCLOSURE STATEMENT
`
`In civil, agency, bankruptcy, and mandamus cases, a disclosure statement must be filed by all
`parties, with the following exceptions: (1) the United States is not required to file a disclosure
`statement; (2) an indigent party is not required to file a disclosure statement; and (3) a state
`or local government is not required to file a disclosure statement in pro se cases. (All parties
`to the action in the district court are considered parties to a mandamus case.)
`In criminal and post-conviction cases, a corporate defendant must file a disclosure statement.
`In criminal cases, the United States must file a disclosure statement if there was an
`organizational victim of the alleged criminal activity. (See question 7.)
`(cid:120) Any corporate amicus curiae must file a disclosure statement.
`(cid:120) Counsel has a continuing duty to update the disclosure statement.
`
`
`PETA et al. v. NC Farm Bureau et al.
`Caption: __________________________________________________
`
`
`20-1776
`No. __________
`
`Pursuant to FRAP 26.1 and Local Rule 26.1,
`
`National Press Photographers Association, Radio Television Digital News Association,
`______________________________________________________________________________
`(name of party/amicus)
`
`The Reporters Committee for Freedom of the Press, Society of Environmental Journalists, Society of Professional Journalists
`______________________________________________________________________________
`
`amicus
` who is _______________________, makes the following disclosure:
`(appellant/appellee/petitioner/respondent/amicus/intervenor)
`
`
`1.
`
`
`2.
`
`Is party/amicus a publicly held corporation or other publicly held entity?
`
`YES NO
`
`YES NO
`Does party/amicus have any parent corporations?
`If yes, identify all parent corporations, including all generations of parent corporations:
`
`Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or
`other publicly held entity?
`YES NO
`If yes, identify all such owners:
`
`
`
`
`
`
`3.
`
`
`
`
`
`
`
`
`12/01/2019 SCC
`
`
`- 1 -
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 6 of 39
`
`4.
`
`
`
`
`
`
`
`5.
`
`
`
`
`
`
`6.
`
`7.
`
`Is there any other publicly held corporation or other publicly held entity that has a direct
`financial interest in the outcome of the litigation?
`YES NO
`If yes, identify entity and nature of interest:
`
` YES NO
`Is party a trade association? (amici curiae do not complete this question)
`If yes, identify any publicly held member whose stock or equity value could be affected
`substantially by the outcome of the proceeding or whose claims the trade association is
`pursuing in a representative capacity, or state that there is no such member:
`
` YES NO
`Does this case arise out of a bankruptcy proceeding?
`If yes, the debtor, the trustee, or the appellant (if neither the debtor nor the trustee is a
`party) must list (1) the members of any creditors’ committee, (2) each debtor (if not in the
`caption), and (3) if a debtor is a corporation, the parent corporation and any publicly held
`corporation that owns 10% or more of the stock of the debtor.
`
`
`
`
`
`
` YES NO
`Is this a criminal case in which there was an organizational victim?
`If yes, the United States, absent good cause shown, must list (1) each organizational
`victim of the criminal activity and (2) if an organizational victim is a corporation, the
`parent corporation and any publicly held corporation that owns 10% or more of the stock
`of victim, to the extent that information can be obtained through due diligence.
`
`
`
`
`
`
`
`
`
`/s/ Bruce D. Brown
`Signature: ____________________________________
`
`Reporters Committee for Freedom of the Press
`Counsel for: __________________________________
`
`
`
`
`
`
`
`March 1, 2021
`Date: ___________________
`
`
`
`
`- 2 -
`
`Print to PDF for Filing
`
`Reset Form
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 7 of 39
`
`(cid:120)
`
`(cid:120)
`(cid:120)
`
`UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
`
`DISCLOSURE STATEMENT
`
`In civil, agency, bankruptcy, and mandamus cases, a disclosure statement must be filed by all
`parties, with the following exceptions: (1) the United States is not required to file a disclosure
`statement; (2) an indigent party is not required to file a disclosure statement; and (3) a state
`or local government is not required to file a disclosure statement in pro se cases. (All parties
`to the action in the district court are considered parties to a mandamus case.)
`In criminal and post-conviction cases, a corporate defendant must file a disclosure statement.
`In criminal cases, the United States must file a disclosure statement if there was an
`organizational victim of the alleged criminal activity. (See question 7.)
`(cid:120) Any corporate amicus curiae must file a disclosure statement.
`(cid:120) Counsel has a continuing duty to update the disclosure statement.
`
`
`PETA et al. v. NC Farm Bureau et al.
`Caption: __________________________________________________
`
`
`20-1776
`No. __________
`
`Pursuant to FRAP 26.1 and Local Rule 26.1,
`
`The New York Times Company
`______________________________________________________________________________
`(name of party/amicus)
`
`______________________________________________________________________________
`
`amicus
` who is _______________________, makes the following disclosure:
`(appellant/appellee/petitioner/respondent/amicus/intervenor)
`
`
`1.
`
`
`2.
`
`Is party/amicus a publicly held corporation or other publicly held entity?
`
`✔
`
`YES NO
`
`YES NO
`Does party/amicus have any parent corporations?
`✔
`If yes, identify all parent corporations, including all generations of parent corporations:
`
`Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or
`other publicly held entity?
`YES NO
`✔
`If yes, identify all such owners:
`
`
`
`
`
`
`3.
`
`
`
`
`
`
`
`
`12/01/2019 SCC
`
`
`- 1 -
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 8 of 39
`
`4.
`
`
`
`
`
`
`
`5.
`
`
`
`
`
`
`6.
`
`7.
`
`Is there any other publicly held corporation or other publicly held entity that has a direct
`financial interest in the outcome of the litigation?
`YES NO
`✔
`If yes, identify entity and nature of interest:
`
` YES NO
`Is party a trade association? (amici curiae do not complete this question)
`If yes, identify any publicly held member whose stock or equity value could be affected
`substantially by the outcome of the proceeding or whose claims the trade association is
`pursuing in a representative capacity, or state that there is no such member:
`
` YES NO
`Does this case arise out of a bankruptcy proceeding?
`✔
`If yes, the debtor, the trustee, or the appellant (if neither the debtor nor the trustee is a
`party) must list (1) the members of any creditors’ committee, (2) each debtor (if not in the
`caption), and (3) if a debtor is a corporation, the parent corporation and any publicly held
`corporation that owns 10% or more of the stock of the debtor.
`
`
`
`
`
`
` YES NO
`Is this a criminal case in which there was an organizational victim?
`✔
`If yes, the United States, absent good cause shown, must list (1) each organizational
`victim of the criminal activity and (2) if an organizational victim is a corporation, the
`parent corporation and any publicly held corporation that owns 10% or more of the stock
`of victim, to the extent that information can be obtained through due diligence.
`
`
`
`
`
`
`
`
`
`/s/ Bruce D. Brown
`Signature: ____________________________________
`
`Reporters Committee for Freedom of the Press
`Counsel for: __________________________________
`
`
`
`
`
`
`
`March 1, 2021
`Date: ___________________
`
`
`
`
`- 2 -
`
`Print to PDF for Filing
`
`Reset Form
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 9 of 39
`
`(cid:120)
`
`(cid:120)
`(cid:120)
`
`UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
`
`DISCLOSURE STATEMENT
`
`In civil, agency, bankruptcy, and mandamus cases, a disclosure statement must be filed by all
`parties, with the following exceptions: (1) the United States is not required to file a disclosure
`statement; (2) an indigent party is not required to file a disclosure statement; and (3) a state
`or local government is not required to file a disclosure statement in pro se cases. (All parties
`to the action in the district court are considered parties to a mandamus case.)
`In criminal and post-conviction cases, a corporate defendant must file a disclosure statement.
`In criminal cases, the United States must file a disclosure statement if there was an
`organizational victim of the alleged criminal activity. (See question 7.)
`(cid:120) Any corporate amicus curiae must file a disclosure statement.
`(cid:120) Counsel has a continuing duty to update the disclosure statement.
`
`
`PETA et al. v. NC Farm Bureau et al.
`Caption: __________________________________________________
`
`
`20-1776
`No. __________
`
`Pursuant to FRAP 26.1 and Local Rule 26.1,
`
`Gannett Co., Inc.
`______________________________________________________________________________
`(name of party/amicus)
`
`______________________________________________________________________________
`
`amicus
` who is _______________________, makes the following disclosure:
`(appellant/appellee/petitioner/respondent/amicus/intervenor)
`
`
`1.
`
`
`2.
`
`Is party/amicus a publicly held corporation or other publicly held entity?
`
`✔
`
`YES NO
`
`YES NO
`Does party/amicus have any parent corporations?
`✔
`If yes, identify all parent corporations, including all generations of parent corporations:
`
`Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or
`other publicly held entity?
`YES NO
`✔
`If yes, identify all such owners:
`BlackRock, Inc. and the Vanguard Group, Inc. each own ten percent or more of
`the stock of Gannett Co., Inc.
`
`
`
`
`
`
`3.
`
`
`
`
`
`
`
`
`12/01/2019 SCC
`
`
`- 1 -
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 10 of 39
`
`4.
`
`
`
`
`
`
`
`5.
`
`
`
`
`
`
`6.
`
`7.
`
`Is there any other publicly held corporation or other publicly held entity that has a direct
`financial interest in the outcome of the litigation?
`YES NO
`✔
`If yes, identify entity and nature of interest:
`
` YES NO
`Is party a trade association? (amici curiae do not complete this question)
`If yes, identify any publicly held member whose stock or equity value could be affected
`substantially by the outcome of the proceeding or whose claims the trade association is
`pursuing in a representative capacity, or state that there is no such member:
`
` YES NO
`Does this case arise out of a bankruptcy proceeding?
`✔
`If yes, the debtor, the trustee, or the appellant (if neither the debtor nor the trustee is a
`party) must list (1) the members of any creditors’ committee, (2) each debtor (if not in the
`caption), and (3) if a debtor is a corporation, the parent corporation and any publicly held
`corporation that owns 10% or more of the stock of the debtor.
`
`
`
`
`
`
` YES NO
`Is this a criminal case in which there was an organizational victim?
`✔
`If yes, the United States, absent good cause shown, must list (1) each organizational
`victim of the criminal activity and (2) if an organizational victim is a corporation, the
`parent corporation and any publicly held corporation that owns 10% or more of the stock
`of victim, to the extent that information can be obtained through due diligence.
`
`
`
`
`
`
`
`
`
`/s/ Bruce D. Brown
`Signature: ____________________________________
`
`Reporters Committee for Freedom of the Press
`Counsel for: __________________________________
`
`
`
`
`
`
`
`March 1, 2021
`Date: ___________________
`
`
`
`
`- 2 -
`
`Print to PDF for Filing
`
`Reset Form
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 11 of 39
`
`(cid:120)
`
`(cid:120)
`(cid:120)
`
`UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
`
`DISCLOSURE STATEMENT
`
`In civil, agency, bankruptcy, and mandamus cases, a disclosure statement must be filed by all
`parties, with the following exceptions: (1) the United States is not required to file a disclosure
`statement; (2) an indigent party is not required to file a disclosure statement; and (3) a state
`or local government is not required to file a disclosure statement in pro se cases. (All parties
`to the action in the district court are considered parties to a mandamus case.)
`In criminal and post-conviction cases, a corporate defendant must file a disclosure statement.
`In criminal cases, the United States must file a disclosure statement if there was an
`organizational victim of the alleged criminal activity. (See question 7.)
`(cid:120) Any corporate amicus curiae must file a disclosure statement.
`(cid:120) Counsel has a continuing duty to update the disclosure statement.
`
`
`PETA et al. v. NC Farm Bureau et al.
`Caption: __________________________________________________
`
`
`20-1776
`No. __________
`
`Pursuant to FRAP 26.1 and Local Rule 26.1,
`
`The McClatchy Company, LLC; Tully Center for Free Speech
`______________________________________________________________________________
`(name of party/amicus)
`
`______________________________________________________________________________
`
`amicus
` who is _______________________, makes the following disclosure:
`(appellant/appellee/petitioner/respondent/amicus/intervenor)
`
`
`1.
`
`
`2.
`
`Is party/amicus a publicly held corporation or other publicly held entity?
`
`YES NO
`
`YES NO
`Does party/amicus have any parent corporations?
`If yes, identify all parent corporations, including all generations of parent corporations:
`Tully Center for Free Speech is a subsidiary of Syracuse University.
`The McClatchy Company, LLC is privately owned by certain funds affiliated with Chatham Asset
`Management.
`
`Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or
`other publicly held entity?
`YES NO
`If yes, identify all such owners:
`
`
`
`
`
`
`3.
`
`
`
`
`
`
`
`
`12/01/2019 SCC
`
`
`- 1 -
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 12 of 39
`
`4.
`
`
`
`
`
`
`
`5.
`
`
`
`
`
`
`6.
`
`7.
`
`Is there any other publicly held corporation or other publicly held entity that has a direct
`financial interest in the outcome of the litigation?
`YES NO
`If yes, identify entity and nature of interest:
`
` YES NO
`Is party a trade association? (amici curiae do not complete this question)
`If yes, identify any publicly held member whose stock or equity value could be affected
`substantially by the outcome of the proceeding or whose claims the trade association is
`pursuing in a representative capacity, or state that there is no such member:
`
` YES NO
`Does this case arise out of a bankruptcy proceeding?
`If yes, the debtor, the trustee, or the appellant (if neither the debtor nor the trustee is a
`party) must list (1) the members of any creditors’ committee, (2) each debtor (if not in the
`caption), and (3) if a debtor is a corporation, the parent corporation and any publicly held
`corporation that owns 10% or more of the stock of the debtor.
`
`
`
`
`
`
` YES NO
`Is this a criminal case in which there was an organizational victim?
`If yes, the United States, absent good cause shown, must list (1) each organizational
`victim of the criminal activity and (2) if an organizational victim is a corporation, the
`parent corporation and any publicly held corporation that owns 10% or more of the stock
`of victim, to the extent that information can be obtained through due diligence.
`
`
`
`
`
`
`
`
`
`/s/ Bruce D. Brown
`Signature: ____________________________________
`
`Reporters Committee for Freedom of the Press
`Counsel for: __________________________________
`
`
`
`
`
`
`
`March 1, 2021
`Date: ___________________
`
`
`
`
`- 2 -
`
`Print to PDF for Filing
`
`Reset Form
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 13 of 39
`
`(cid:120)
`
`(cid:120)
`(cid:120)
`
`UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
`
`DISCLOSURE STATEMENT
`
`In civil, agency, bankruptcy, and mandamus cases, a disclosure statement must be filed by all
`parties, with the following exceptions: (1) the United States is not required to file a disclosure
`statement; (2) an indigent party is not required to file a disclosure statement; and (3) a state
`or local government is not required to file a disclosure statement in pro se cases. (All parties
`to the action in the district court are considered parties to a mandamus case.)
`In criminal and post-conviction cases, a corporate defendant must file a disclosure statement.
`In criminal cases, the United States must file a disclosure statement if there was an
`organizational victim of the alleged criminal activity. (See question 7.)
`(cid:120) Any corporate amicus curiae must file a disclosure statement.
`(cid:120) Counsel has a continuing duty to update the disclosure statement.
`
`
`PETA et al. v. NC Farm Bureau et al.
`Caption: __________________________________________________
`
`
`20-1776
`No. __________
`
`Pursuant to FRAP 26.1 and Local Rule 26.1,
`
`The Atlantic Monthly Group LLC, National Journal Group LLC
`______________________________________________________________________________
`(name of party/amicus)
`
`______________________________________________________________________________
`
`amicus
` who is _______________________, makes the following disclosure:
`(appellant/appellee/petitioner/respondent/amicus/intervenor)
`
`
`1.
`
`
`2.
`
`Is party/amicus a publicly held corporation or other publicly held entity?
`
`YES NO
`
`YES NO
`Does party/amicus have any parent corporations?
`If yes, identify all parent corporations, including all generations of parent corporations:
`The Atlantic Monthly Group LLC is owned by Emerson Collective and Atlantic
`Media, Inc.; National Journal Group LLC is wholly owned by Atlantic Media, Inc.
`
`Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or
`other publicly held entity?
`YES NO
`If yes, identify all such owners:
`
`
`
`
`
`
`3.
`
`
`
`
`
`
`
`
`12/01/2019 SCC
`
`
`- 1 -
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 14 of 39
`
`4.
`
`
`
`
`
`
`
`5.
`
`
`
`
`
`
`6.
`
`7.
`
`Is there any other publicly held corporation or other publicly held entity that has a direct
`financial interest in the outcome of the litigation?
`YES NO
`If yes, identify entity and nature of interest:
`
` YES NO
`Is party a trade association? (amici curiae do not complete this question)
`If yes, identify any publicly held member whose stock or equity value could be affected
`substantially by the outcome of the proceeding or whose claims the trade association is
`pursuing in a representative capacity, or state that there is no such member:
`
` YES NO
`Does this case arise out of a bankruptcy proceeding?
`If yes, the debtor, the trustee, or the appellant (if neither the debtor nor the trustee is a
`party) must list (1) the members of any creditors’ committee, (2) each debtor (if not in the
`caption), and (3) if a debtor is a corporation, the parent corporation and any publicly held
`corporation that owns 10% or more of the stock of the debtor.
`
`
`
`
`
`
` YES NO
`Is this a criminal case in which there was an organizational victim?
`If yes, the United States, absent good cause shown, must list (1) each organizational
`victim of the criminal activity and (2) if an organizational victim is a corporation, the
`parent corporation and any publicly held corporation that owns 10% or more of the stock
`of victim, to the extent that information can be obtained through due diligence.
`
`
`
`
`
`
`
`
`
`/s/ Bruce D. Brown
`Signature: ____________________________________
`
`Reporters Committee for Freedom of the Press
`Counsel for: __________________________________
`
`
`
`
`
`
`
`March 1, 2021
`Date: ___________________
`
`
`
`
`- 2 -
`
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`
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`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 15 of 39
`
`(cid:120)
`
`(cid:120)
`(cid:120)
`
`UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
`
`DISCLOSURE STATEMENT
`
`In civil, agency, bankruptcy, and mandamus cases, a disclosure statement must be filed by all
`parties, with the following exceptions: (1) the United States is not required to file a disclosure
`statement; (2) an indigent party is not required to file a disclosure statement; and (3) a state
`or local government is not required to file a disclosure statement in pro se cases. (All parties
`to the action in the district court are considered parties to a mandamus case.)
`In criminal and post-conviction cases, a corporate defendant must file a disclosure statement.
`In criminal cases, the United States must file a disclosure statement if there was an
`organizational victim of the alleged criminal activity. (See question 7.)
`(cid:120) Any corporate amicus curiae must file a disclosure statement.
`(cid:120) Counsel has a continuing duty to update the disclosure statement.
`
`
`PETA et al. v. NC Farm Bureau et al.
`Caption: __________________________________________________
`
`
`20-1776
`No. __________
`
`Pursuant to FRAP 26.1 and Local Rule 26.1,
`
`The Seattle Times Company
`______________________________________________________________________________
`(name of party/amicus)
`
`______________________________________________________________________________
`
`amicus
` who is _______________________, makes the following disclosure:
`(appellant/appellee/petitioner/respondent/amicus/intervenor)
`
`
`1.
`
`
`2.
`
`Is party/amicus a publicly held corporation or other publicly held entity?
`
`YES NO
`
`YES NO
`Does party/amicus have any parent corporations?
`✔
`If yes, identify all parent corporations, including all generations of parent corporations:
`The McClatchy Company, LLC owns 49.5% of the voting common stock and 70.6% of the
`nonvoting common stock of The Seattle Times Company. The McClatchy Company, LLC is
`privately owned by certain funds affiliated with Chatham Asset Management, LLC.
`
`Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or
`other publicly held entity?
`YES NO
`If yes, identify all such owners:
`
`
`
`
`
`
`3.
`
`
`
`
`
`
`
`
`12/01/2019 SCC
`
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`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 16 of 39
`
`4.
`
`
`
`
`
`
`
`5.
`
`
`
`
`
`
`6.
`
`7.
`
`Is there any other publicly held corporation or other publicly held entity that has a direct
`financial interest in the outcome of the litigation?
`YES NO
`If yes, identify entity and nature of interest:
`
` YES NO
`Is party a trade association? (amici curiae do not complete this question)
`If yes, identify any publicly held member whose stock or equity value could be affected
`substantially by the outcome of the proceeding or whose claims the trade association is
`pursuing in a representative capacity, or state that there is no such member:
`
` YES NO
`Does this case arise out of a bankruptcy proceeding?
`If yes, the debtor, the trustee, or the appellant (if neither the debtor nor the trustee is a
`party) must list (1) the members of any creditors’ committee, (2) each debtor (if not in the
`caption), and (3) if a debtor is a corporation, the parent corporation and any publicly held
`corporation that owns 10% or more of the stock of the debtor.
`
`
`
`
`
`
` YES NO
`Is this a criminal case in which there was an organizational victim?
`If yes, the United States, absent good cause shown, must list (1) each organizational
`victim of the criminal activity and (2) if an organizational victim is a corporation, the
`parent corporation and any publicly held corporation that owns 10% or more of the stock
`of victim, to the extent that information can be obtained through due diligence.
`
`
`
`
`
`
`
`
`
`/s/ Bruce D. Brown
`Signature: ____________________________________
`
`Reporters Committee for Freedom of the Press
`Counsel for: __________________________________
`
`
`
`
`
`
`
`March 1, 2021
`Date: ___________________
`
`
`
`
`- 2 -
`
`Print to PDF for Filing
`
`Reset Form
`
`

`

`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 17 of 39
`
`TABLE OF CONTENTS
`
`
`
`TABLE OF AUTHORITIES .................................................................................... ii
`IDENTITY OF AMICI CURIAE, THEIR INTEREST IN THE CASE, AND
`THE SOURCE OF THEIR AUTHORITY TO FILE THIS BRIEF ......................... 1
`RULE 29(a)(4)(E) CERTIFICATION ...................................................................... 2
`INTRODUCTION ..................................................................................................... 3
`ARGUMENT ............................................................................................................ 4
`I. Section 99A-2 infringes upon constitutionally protected
`newsgathering rights. .................................................................................... 4
`A.
`Section 99A-2 stifles the ability of the news media to gather
`and report information about matters of significant public
`concern. ............................................................................................... 6
`Section 99A-2 unconstitutionally abridges the right to make
`audiovisual recordings. ....................................................................... 9
`II. The district court’s application of intermediate scrutiny and failure to
`find overbreadth were in error and invite legislation intended to chill
`constitutionally protected reporter-source relationships. ............................ 11
`A.
`The district court erred in applying intermediate scrutiny to
`subsections 99A-2(b)(3) and (b)(5), which are not content- and
`viewpoint-neutral. ............................................................................. 11
`The district court erred in holding that subsections 99A-
`2(b)(1) and (b)(5) are not unconstitutionally overbroad. .................. 13
`III. This Court should affirm the district court’s conclusion that Section
`99A-2 violates the First Amendment, but reverse its application of
`intermediate scrutiny and its incorrect application of the overbreadth
`doctrine. ....................................................................................................... 16
`CONCLUSION ....................................................................................................... 19
`CERTIFICATE OF COMPLIANCE ...................................................................... 20
`
`
`
`B.
`
`B.
`
`
`
`
`
`i
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`USCA4 Appeal: 20-1776 Doc: 40-1 Filed: 03/01/2021 Pg: 18 of 39
`
`TABLE OF AUTHORITIES
`
`
`
`
`Cases
`Am. Civil Liberties Union of Ill. v. Alvarez, 679 F.3d 583 (7th Cir. 2012) ...............9
`Animal Legal Def. Fund v. Wasden, 878 F.3d 1184 (9th Ci