University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name The New York Times Company v. United States Department of Justice NS-NY-0014
Docket / Court 1:14-cv-03948-VSB ( S.D.N.Y. )
State/Territory New York
Case Type(s) National Security
Case Summary
On June 3, 2014, the New York Times and NYT reporter Charlie Savage filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA). They sought production of Foreign Intelligence ... read more >
On June 3, 2014, the New York Times and NYT reporter Charlie Savage filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA). They sought production of Foreign Intelligence Surveillance Court (FISC) rulings interpreting surveillance law since 9/11 after the government failed to release these documents in response to a FOIA request. Represented by in-house counsel, the plaintiffs sought a declaration that the documents sought were public and must be disclosed, an order requiring the defendant to produce the documents within 20 days, and attorneys' fees and costs.

As a result of Edward Snowden’s release of classified documents in 2013, it became evident that FISC engaged legal analysis interpreting constitutional rights and surveillance statutes. Though the government began selectively declassifying FISC rulings, many documents remained secret. The New York Times submitted a FOIA request on March 12, 2014 to obtain FISC documents related to rulings on the sharing of raw data without private information removed between government agencies and attempts to approve of a warrantless surveillance under the Foreign Intelligence Service Act but failed to receive any documents.

While this litigation was pending, the DOJ produced redacted versions of the FISC documents to the plaintiffs. The parties settled the case with plaintiffs' stipulation to voluntary dismissal. On October 28, 2015, Judge Vernon S. Broderick accepted the stipulation and dismissed the case with prejudice. The documents were then posted at Savage's website here, and are reposted by the Clearinghouse. The case is now closed.

Emily Kempa - 06/08/2019


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Issues and Causes of Action
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Issues
General
Records Disclosure
Plaintiff Type
Closely-held (for profit) corporation
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) United States Department of Justice
Plaintiff Description The New York Times and a reporter for The New York Times
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Defendants produced documents
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Filing Year 2014
Case Closing Year 2015
Case Ongoing No
Additional Resources
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  Foreign Intelligence Surveillance Court documents
CharlieSavage.com
Date: October 2015
By: Charlie Savage (New York Times)
[ Detail ] [ External Link ]

Docket(s)
1:14−cv−03948−VSB (S.D.N.Y.)
NS-NY-0014-9000.pdf | Detail
Date: 10/28/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 2]
NS-NY-0014-0001.pdf | Detail
Date: 06/02/2014
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) [ECF# 19] (S.D.N.Y.)
NS-NY-0014-0002.pdf | Detail
Date: 10/28/2015
Source: PACER [Public Access to Court Electronic Records]
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Judges Broderick, Vernon Speede (S.D.N.Y.) show/hide docs
NS-NY-0014-0002 | NS-NY-0014-9000
Plaintiff's Lawyers Baranetsky, Diana Victoria (New York) show/hide docs
NS-NY-0014-0001
Kutner, Jeremy Alexander (New York) show/hide docs
NS-NY-0014-9000
McCraw, David E (New York) show/hide docs
NS-NY-0014-0001 | NS-NY-0014-0002 | NS-NY-0014-9000
Defendant's Lawyers Clopper, John Dalton (New York) show/hide docs
NS-NY-0014-9000
Daughtry, Emily E. (New York) show/hide docs
NS-NY-0014-9000
Krause, Andrew Edward (New York) show/hide docs
NS-NY-0014-0002 | NS-NY-0014-9000

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