IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN

MILWAUKEE DIVISION

Plaintiffs’ Proposed Order Granting in Part

Intervenors’ Motion to Unseal This matter comes before the Court on a motion to unseal filed by Intervenors Reporters

Committee for Freedom of the Press, American Society of News Editors, Wisconsin

Broadcasters Association, Wisconsin Freedom of Information Council, and Wisconsin

Newspaper Association.

Intervenors’ motion to unseal is GRANTED, subject to the following:

1. The following four documents and their duplicates are to remain under seal in

their entirety:

Affidavit of Robert Stelter, and exhibits, dated 8/10/12, ECF No. 53 Exhibit J (attached to John Doe petition, including exhibits), ECF No. 117 Exhibit B (entirety, including exhibits);

ERIC O’KEEFE and WISCONSIN CLUB FOR GROWTH,

INC., Plaintiffs, v. FRANCIS SCHMITZ, in his official and

personal capacities, JOHN CHISHOLM, in his official and

personal capacities, BRUCE LANDGRAF, in his official and

personal capacities, DAVID ROBLES, in his official and personal

capacities, DEAN NICKEL, in his official and personal

capacities, and GREGORY PETERSON, in his official

capacity, Defendants.

Civil Case No. 14-cv-00139

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Affidavit of Robert Stelter, and exhibits, dated 12/10/12, ECF No. 110 Exhibit A (attached to GAB resolution), ECF No. 110 Exhibit C (entirety, including exhibits), ECF No. 117 Exhibit C (entirety, including exhibits);

Affidavit of Robert Stetler, and exhibits, dated 9/11/12, ECF No. 110 Exhibit D (entirety, including exhibits);

Affidavit of Dean Nickel, and exhibits, dated 9/28/13, ECF No. 110 Exhibit F (entirety, including exhibits), ECF No. 117 Exhibit D (entirety, including exhibits).

2. The Court finds that public disclosure of those documents would compromise

Plaintiffs’ First Amendment privilege, undermine Plaintiffs’ privacy rights, and impose

substantial burdens on Plaintiffs. Those documents consist largely of materials that were

obtained as part of an investigation that the Court has already found is likely unlawful and likely

violates Plaintiffs’ rights under the First and Fourteenth Amendments. The Court finds, based on

the entirety of the record before it, that disclosure of these materials would likely subject

Plaintiffs’ allies and supporters to retribution and thereby undermine Plaintiffs’ associational

rights. The Court also finds that Intervenors have not identified any specific public interest in the

disclosure of these materials and that any such public interest would necessarily be minimal,

because they would, at most, only marginally advance the public’s understanding of any topic in

addition to the other documents that this Order discloses. Finally, the Court finds that, at this

time, there is no presumptive right of access to these materials and that the only willing speaker

identified by Intervenors, Plaintiff Eric O’Keefe, does not wish to disclose these materials.

3. For the same reasons, the publicly available, redacted versions of the following

documents are to be replaced by the proposed redacted versions filed by Plaintiffs as

Attachments B–F to their May 14 response to the Coalition’s motion:

Declaration of Eric Young, ECF No. 7, Exhibit D;

Petition for Supervisory Writ and Writ for Mandamus, ECF No. 53 Exhibit F;

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Milwaukee Defendants Supplemental Opposition to Plaintiffs’ Preliminary-Injunction Motion, ECF No. 109;

Special Prosecutor’s Response to Petition for Supreme Court Review, ECF No. 110 Exhibit E;

Defendants Schmitz’s Supplemental Opposition to Plaintiffs’ Preliminary-Injunction Motion, ECF No. 114.

The Clerk of Court is ORDERED to unseal all documents in this case, subject to the

foregoing exceptions.

Rudolph T. Randa

United States District Court Judge

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