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UNITED STATES OF AMERICA NATIONAL TRANSPORTATION SAFETY BOARD MICHAEL P. HUERTA, ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION, Complainant, Docket
CP 217
v. RAPHAEL PIRKER, Respondent BRIEF OF NEWS
MEDIA
MICI
IN SUPPORT OF RESPONDENT RAPHAEL PIRKER
The
Amici Curiae
file
this brief in support of Respondent Raphael Pirker with the consent of all of the parties, as provided for in 49 C.F.R. § 821.9. The written consent of the parties is attached as Exhibit A. The
Amici Curiae
are newspaper and magazine publishers, broadcast and cable television companies, wire services, website operators and nonprofit journalists' associations ( News Media
Amici ),
who share an interest in ensuring that United States law provides maximum opportunities, and only narrowly tailored restraints, for the safe and lawful use of unmanned aerial systems ( UAS ) for newsgathering purposes. The U.S. Supreme Court, Congress and the Executive Agencies have long recognized that the First Amendment to the U.S. Constitution protects the public's interest in the gathering and dissemination of news and other information. The News Media
Amici
underscore the critical need for the National Transportation Safety Board ( NTSB ), as it reviews the Administrative Law Judge's decision in this case, to safeguard the public's First Amendment interest in the free flow of information.
STATEMENT OF INTEREST AND IDENTITY OF NEWS
MEDIA
MICI
The following News Media
Amici
have individualized and collective interests in the issues in the pending appeal and its outcome arising from their status as newspaper and magazine publishers, broadcast and cable television companies, wire services, website operators, and nonprofit journalists' associations. 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 weekly business journals in over 40 cities throughout the United States. Through its affiliates, Advance also owns numerous digital video channels and Internet sites and has interests in cable systems serving over 2.3 million subscribers. The Associated Press is the essential global news network, delivering fast, unbiased news from every corner of the world to all media platforms and formats. Founded in 1846, AP today is the most trusted source of independent news and information. On any given day, more than half the world's population sees news from AP. Cox Media Group, LLC is an integrated broadcasting, publishing, direct marketing and digital media company. Its operations include 14 broadcast television stations and one local cable channel, 57 radio stations, eight daily newspapers, more than a dozen non-daily publications, and more than
100
digital services. Gannett Co., Inc. is an international news and information company that publishes hundreds of daily newspapers and non-daily publications in the United States, including USA TODAY. In broadcasting, the company operates dozens of television stations in the U.S. Each of Gannett's daily newspapers and TV stations operates Internet sites offering news and
advertising that is customized for the market served and integrated with its publishing or broadcasting operations. Gray Television, Inc., is a broadcast company that owns or operates television stations and leading digital assets in dozens of markets across the country. Hearst Corporation is one of the nation's largest diversified media companies. Its major interests include the following: ownership of
15
daily and 38 weekly newspapers, including the
Houston Chronicle, San Francisco Chronicle
and
Albany
(N.Y.)
Times Union;
nearly 300 magazines around the world, including
Good Housekeeping, Cosmopolitan
and
O
The Oprah Magazine;
29 television stations, which reach a combined 18% of U.S. viewers; ownership in leading cable networks, including Lifetime, A&E and ESPN; business publishing, including a joint venture interest in Fitch Ratings; and Internet businesses, television production, newspaper features distribution and real estate. The
McClatchy
Company, through its affiliates, is the third-largest newspaper publisher in the United States. It publishes 29 daily newspapers and related websites, as well as numerous community newspapers and niche publications, including
The Sacramento (CA) Bee, The Miami
Herald
The Kansas City (MO) Star
and
The Charlotte (NC) Observer.
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.