IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION Emilio GUTIÉRREZ-SOTO and Oscar § GUTIÉRREZ-SOTO, § § Petitioners, § NOS. 18-CV-00071 § vs. 18-CV-00072 § § Jefferson SESSIONS III, in his official § capacity as the Attorney General of the § United States; Kirstjen NIELSEN in her § official capacity as Secretary of Homeland § Security; Thomas HOMAN in his official § capacity as the acting Director for U.S. § Immigration and Customs Enforcement; § William P. JOYCE in his official capacity as § the acting El Paso Field Office Director for § U.S. Immigration and Customs Enforcement; § and the U.S. DEPARTMENT OF § HOMELAND SECURITY, § § Respondents. § ______________________________________________________________________________ UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS ______________________________________________________________________________ The National Press Club and nineteen (19) other journalism organizations (“Amici Parties”) respectfully request leave to appear as amici curiae and to file the accompanying brief. Amici Parties have extensive experience working with, and advocating the public’s interest in, the rights and safety of journalists reporting in some of the most dangerous areas of the world, on UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 1 their ability to obtain asylum in the United States, and their right to be free from retaliatory detention for criticizing U.S. government policies. Proposed amicus curiae the National Press Club, based in Washington, DC, was founded in 1908 and is “The World’s Leading Professional Organization for Journalists.” The National Press Club has more than 3000 members worldwide representing nearly every major news organization and occupies 54,000 square feet of office space two blocks from the White House in the historic National Press Building. The National Press Club advocates for press freedom around the globe and has been successful at leading campaigns to protect journalists arbitrarily detained in countries such as Iran, Egypt, Turkey, Azerbaijan, and Nigeria. On October 4, 2017, the National Press Club awarded Emilio Gutiérrez-Soto the John Aubuchon Award for Freedom of the Press on behalf of Mexican journalists. Proposed amicus curiae the National Press Club Journalism Institute is the non-profit affiliate of the National Press Club, founded to promote journalistic credibility and integrity worldwide. It does this by training journalists on best practices, professional standards and ethical conduct, and promoting and defending press freedom worldwide. Through its Press Freedom Committee, the Institute helps the National Press Club select the winners of the John Aubuchon Press Freedom Award. It was the committee’s decision to invite Emilio GutiérrezSoto to represent Mexico’s journalists at the October 4, 2017 Fourth Estate Award dinner. The Institute has an interest in defending the reputation of its award winner, as well as an interest in the precedent this case could set for journalists worldwide. Proposed amicus curiae The Reporters Committee for Freedom of the Press is an unincorporated nonprofit association. The Reporters Committee was founded by leading UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 2 journalists and media lawyers in 1970 when the nation’s news media faced an unprecedented wave of government subpoenas forcing reporters to name confidential sources. Today, its attorneys provide pro bono legal representation, amicus curiae support, and other legal resources to protect First Amendment freedoms and the newsgathering rights of journalists. Proposed amicus curiae American Society of News Editors, with some 500 members, is an organization that includes directing editors of daily newspapers throughout the Americas. ASNE changed its name in April 2009 to American Society of News 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 with priorities on improving freedom of information, diversity, readership and the credibility of newspapers. Proposed amicus curiae Association of Alternative Newsmedia (“AAN”) is a not-forprofit trade association for approximately 110 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. Proposed amicus curiae Radio Television Digital News Association (“RTDNA”) is the world's largest professional association devoted to advocating on behalf of broadcast and digital journalists. RTDNA's Voice of the First Amendment Task Force defends against threats to press freedom targeting all journalists. Founded as a grassroots organization in 1946, RTDNA works to protect the rights of journalists in the courts and legislatures throughout the country, promotes UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 3 ethical standards in the industry, provides members with training and education and honors outstanding work in the profession through the Edward R. Murrow Awards. Proposed amicus curiae American Society of Journalists and Authors (“ASJA”), founded in 1948 is the nation's professional organization of independent nonfiction writers. ASJA’s membership consists of more than 1,200 outstanding freelance writers of magazine and newspaper articles, trade books, and many other forms of nonfiction writing. Members must meet exacting standards of professional achievement. ASJA is a primary voice in representing freelancers' interests, serving as spokesman for their rights, including those to help them control and profit from uses of their work in the new media and otherwise. The ASJA has a long history of supporting free speech and a free press. The organization speaks out against censorship and recognizes exceptional journalistic courage through its Conscience in Media, Open Book awards and other activities. In 2015, it awarded its Conscience in Media Award to James Foley, Steven Sotloff and Austin Tice. In 2018, it is bestowing that award on Maltese journalist, writer, and anti-corruption activist Daphne Caruana Galizia. Proposed amicus curiae Society of Professional Journalists (“SPJ”) is the nation’s largest, most broad-based journalism association. SPJ is 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 through the daily work of its nearly 7,500 members; works to inspire and educate current and future journalists through professional development; and protects First Amendment guarantees of freedom of speech and press through its advocacy efforts. UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 4 Proposed amicus curiae Reporters Without Borders, a 501(c)(3) non-profit organization is the US office of the global organization Reporters sans Frontières (“RSF”), based in Paris, a world leading defender of freedom of information with more than 30 years of experience. Thanks to an international network of correspondents in 130 countries, 12 offices (Vienna, Brussels, Helsinki, Paris, Berlin, Madrid, Stockholm, Geneva, Taipei, Tunis, DC, London) and a consultative status at the UN and UNESCO, RSF is able to make a global impact, gather a great deal of on-the ground information, conduct major advocacy campaigns, and assist and defend news providers all across the world. RSF has a significant interest in protecting freedom of expression and the ability of journalists to gather and report news—including by ensuring that journalists are free to exercise their profession reporting on important issues such as corruption and drug cartels without fear of physical violence or murder. The issues raised in the case of Mexican journalist Emilio Gutiérrez engage this interest directly. RSF publishes annual reports that tally the number of journalists killed worldwide, concluding that in 2017, 11 reporters were killed in Mexico, making it the second deadliest country in the world for journalists after Syria. Proposed amicus curiae PEN America, a non-profit organization based in New York, stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. PEN America champions the freedom to write, recognizing the power of the word to transform the world. PEN America’s mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. PEN America's free expression work includes advocacy to defend journalists and protect free expression and press freedoms in the United States and around the world. PEN America, founded in 1922, is the UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 5 largest of more than 100 centers of PEN International. PEN America's membership of over 7,000 includes a nationwide community of novelists, journalists, editors, poets, essayists, playwrights, publishers, translators, agents, and other professionals. Proposed amicus curiae The Alicia Patterson Journalism Foundation is the nation’s oldest journalism writing fellowship. It funds significant research and writing into serious topics of worldwide interest. It stands for independent, vital journalism being conducted by fair-minded individuals. The important work of honored and esteemed journalists like Emilio Gutiérrez-Soto is crucial for public understanding of world events. His unjust detainment by immigration officials causes true harm to free expression and the right of the public to know what is transpiring in their world. Proposed amicus curiae Knight-Wallace Fellowships for Journalists is committed to supporting the work and careers of journalists around the world. Each year the program invites a select group of exceptional mid-career journalists to spend an academic year at the University of Michigan enhancing their skills through individual study plans and collaborative learning through seminars, training workshops and travel. In doing so, Knight-Wallace Fellowships for Journalists supports the essential work of journalism to inform and engage the public, to pursue and present verifiable facts and complex truths and to hold the powerful to account. Proposed amicus curiae Society of American Business Editors and Writers (“SABEW”), historically known as the Society of American Business Editors and Writers, have joined together in the common pursuit of the highest standards of economic journalism, through both individual and collective efforts. Recognizing that economic freedom is inextricably linked to political freedom and that an informed citizenry can ensure that these freedoms are sustained, UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 6 it is the Society’s mission as an independent, not-for-profit organization to encourage comprehensive reporting of economic events without fear or favoritism and to upgrade skills and knowledge through continuous educational efforts. More recently, SABEW has become more focused on press freedom concerns, issuing statements, creating events and training highlighting the importance of journalism, including that fact-based reporting is necessary for the health of robust democracies. SABEW also advocates for full access to financial and economic data, including information collected and distributed by government. SABEW also holds an annual awards competition highlighting the “Best in Business,” recognizing outstanding journalism conducted in the U.S. and abroad among professionals and students. Proposed amicus curiae National Press Foundation (“NPF”) is a nonprofit dedicated to training and educating journalists in the United States and around the world. NPF provides inperson training for hundreds of journalists each year, and NPF’s digital content is accessed more than 200,000 times each year by journalists around the globe. Proposed amicus curiae Pulitzer Center on Crisis Reporting, based in Washington, DC, was founded in 2006 as a non-profit journalism center dedicated to supporting in-depth engagement with underreported global affairs through sponsorship of quality international journalism across all media platforms and a unique program of outreach and education to schools and universities. The Center supports over 150 international reporting projects each year, working in tandem with major international news outlets. Proposed amicus curiae Media Law Resource Center is a non-profit trade association which counts as members about 140 media companies and 200 law firms practicing media law. UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 7 It presents conferences on media law globally, distributes newsletters and bulletins about media law and has sixteen (16) standing committees on substantive media law subjects. Proposed amicus curiae Fundamedios Inc., is a non-profit organization advocating for Spanish-speaking journalists in the United States and Latin America. The multidisciplinary organization monitors threats to Spanish-speaking journalists’ safety, to their ability to gather and report the news, and to freedom of expression across the continent. Fundamedios Inc., was founded in 2007 by renowned Ecuadorian journalist Cesar Ricaurte and has offices in Washington, D.C., and Quito, Ecuador. Proposed amicus curiae Inter American Press Association, is an independent, nonpartisan and non-profit organization dedicated to the defense and promotion of freedom of the press and of expression in the Americas. IAPA’s goals are: to promote the interests of newspapers, broadcasters and digital media; to strengthen and preserve the dignity, rights, and responsibilities of journalism; to raise uniformity in professional standards and ethical conduct; to exchange ideas and information leading to the cultural and technological development of media; to strive for broader understanding and cooperation and to uphold the fundamental principles upon which a free society and individual freedoms are based. It is made up of more than 1,300 publications from throughout the Western Hemisphere and is based in Miami, Florida. Proposed amicus curiae National Association of Hispanic Journalists, is the largest organization of Latino journalists in the United States and dedicated to the recognition and professional advancement of Hispanics in the news industry. Established in April 1984, NAHJ created a national voice and unified vision for all Hispanic journalists. NAHJ has approximately UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 8 2,200 members, including working journalists, journalism students, other media-related professionals and journalism educators. With the launch of the association’s Ni Uno Más campaign in 2017, NAHJ expanded its reach to provide support to all Latino journalists globally and advocate to end impunity for crimes against journalists. Proposed amicus curiae National Press Photographers Association, is a 501(c)(6) nonprofit organization dedicated to the advancement of visual journalism in its creation, editing and distribution. NPPA’s approximately 6,000 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 and defended the rights of photographers and journalists, including intellectual property rights and 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. The National Press Photographers Association does not have a parent company. The National Press Photographers Association does not own any stock. The National Press Club, National Press Club Journalism Institute, The Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Radio Television Digital News Association, American Society of Journalists and Authors, Society of Professional Journalists, Reporters Without Borders, PEN America, The Alicia Patterson Journalism Foundation, Knight-Wallace Fellowships for Journalists, Society of American Business Editors and Writers, National Press Foundation, Pulitzer Center on Crisis Reporting, Media Law Resource Center, Fundamedios Inc., Inter UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 9 American Press Association, National Association of Hispanic Journalists, and the National Press Photographers Association therefore respectfully request leave to appear as amici curiae. Petitioners and Respondents have informed the Amici Parties that they have no objection to this Motion. A copy of their Proposed Brief of Amici Curiae is attached hereto as Exhibit 1 for the Court’s consideration. To the extent the brief exceeds any page limitations imposed under the local rules, the Amici Parties respectfully request this Court grant leave to file the attached document in its entirety. UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 10 Dated April 9, 2018 Respectfully submitted, /s/ Mark A. Flores Mark A. Flores Texas State Bar No. 24076385 A Professional Corporation 2001 Ross Avenue Suite 1500, Lock Box 116 Dallas, TX 75201.2931 214.880.8100 214.880.0181 (Fax) markflores@littler.com OF COUNSEL Charles D. Tobin Ballard Spahr, LLP 1900 K Street, NW 12th Floor Washington, DC 20006-1157 Phone: 202.661.2218 Fax: 202.661.2299 tobinc@ballardspahr.com Steven D. Zansberg Ballard Spahr, LLP 1225 17th Street, Suite 2300 Denver, CO 80202-5596 Phone: 303.292.2400 Fax: 303.296.3956 zansbergs@ballardspahr.com Counsel for amici curiae UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 11 CERTIFICATE OF SERVICE On April 9, 2018, the undersigned filed in the CM/ECF system for the Western District of Texas this Unopposed Motion of Journalist Organizations to File Brief of Amici Curiae in Support of Petitioners Emilio Gutiérrez-Soto’s and Oscar Emilio Gutiérrez-Soto’s Petitions for a Writ of Habeas Corpus with the Brief of Amici Curiae in Support of Petitioners Emilio Gutiérrez-Soto’s and Oscar Emilio Gutiérrez-Soto’s Petitions for a Writ of Habeas Corpus attached resulting in electronic service of the foregoing to all counsel of record in these actions. /s/ Mark A. Flores COUNSEL FOR AMICI CURIAE UNOPPOSED MOTION OF JOURNALIST ORGANIZATIONS TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PETITIONERS EMILIO GUTIÉRREZ-SOTO’S AND OSCAR EMILIO GUTIÉRREZ-SOTO’S PETITIONS FOR A WRIT OF HABEAS CORPUS PAGE 12