Concerning the Application for Membership in the Periodical Press Gallery of Vigdor Schreibman, Federal Information News Syndicate Appeal to the Speaker of the House and the Chair of the Senate Rules Committee, United States Congress April 23, 1996 BACKGROUND Pursuant to the Senate Rules of Procedure, in August, 1995 Vigdor Schreibman, a practicing journalist and publisher of the Federal Information News Syndicate, submitted a completed application for membership in the Periodical Press Gallery. The Senate Manual, Standing Rules, Orders, Laws and Resolutions Affecting the Business of the United States Senate 168-69 (1993) (hereinafter "The Senate Manual") On January 29, 1996 the Executive Committee of Correspondents convened to consider, among other matters, the application of Mr. Schreibman. According to the minutes of the meeting, Alexis Simindenger moved to reject Federal Information News Syndicate for "failure to meet rules 1 and 2." Rick Maze then seconded the motion, and the motion was then adopted 5-1 with Richard Cohen voting aye by proxy. (See Appendix A, "Meeting of Executive Committe of Correspondents, January 29, 1996."). On February 4, 1996 Mr. Schreibman by counsel wrote to Mr. David W. Holmes, secretary for the Executive Committee of Correspondents, and indicated his intention to appeal the decision. Mr. Schreibman requested a hearing before the Executive Committee at the earliest possible time, citing the expiration of his current press credentials and the personal hardship that would result. On or about March 20, 1996 Mr. Holmes contacted Mr. Schreibman and indicated that the Executive Committee of Correspondents would convene on March 28, 1995 to consider, among other matters, the possible reconsideration of Mr. Schreibman's application. (See Appendix B, "Letter from Marc Rotenberg, esq. to David W. Holmes, Executive Committee of Correspondents, concerning the application for membership in the Periodical Press of Vigdor Schreibman, Federal Information News Syndicate.") On March 28, 1996 Vigdor Schreibman appeared before the Executive Committee of Correspondents with counsel Marc Rotenberg, esq., to request that his application to the Periodical Press Gallery be reconsidered and that, based on his conformity with rules 1 and 2, he be granted credentials. The Executive Committee took no action. (See Appendix C, "Minutes of the Executive Committee of Correspondents, March 28, 1996"). Mr. Vigdor's application for admission to the Periodical Press Gallery has received attention in the national and local press. See Appendix D, "Cyber-reporter denied House press credentials," The Hill, Feb. 7, 1996, "Press Gallery Pros," The Hill, Apr. 10, 1996, "Vigdor Schreibman's right to join the Press Gallery," The Hill, Apr. 17, 1996. JURISDICTION Regulations governing the management of the press galleries are "promulgated by Congress, which retains the right of final approval of applications for admission to the galleries." Consumers Union v. Periodical Correspondents' Association, 515 F.2d 1341, 1344 (D.C. Cir. 1975), cert. den., 423 U.S. 1051. The authority of the Senate Rules Committee to review decisions regarding accreditation for the Periodical Press Gallery is set out in The Senate Manual. The rules of the Press Gallery "shall be interpreted and administered by the Standing Committee of Correspondents, subject to the review and approval by the Senate Committee on Rules and Administration." The Senate Manual at 167. The authority of the Speaker of the House to review decisions regarding accreditation for the Periodical Press Gallery is set out in The Rules and Practices, House of Representatives, One Hundred Fourth Congress 760, the supervision of the Press Gallery "shall be vested in the standing committee of correspondents, subject to the direction and control of the Speaker." THE PUBLICATION The Federal Information News Syndicate (FINS) commenced publication on January 11, 1993 and has been published on a biweekly basis without interruption since that date. FINS routinely covers Congressional activities concerning telecommunications legislation, federal policies concerning access to government information, funding for federal library programs, and federal economic priorities. All of these topics require ready access to Congress and to the Congressional press gallery. See Dyk, "Newsgathering, Press Access, and the First Amendment," 44 Stan.L.Rev. 927, 929 (May 1992)("[I]t is both appropriate and necessary that the press enjoy a special constitutional right of access in newsgathering.") The publisher of FINS has spent hundreds of hours attending congressional hearings, gathering documents from federal agencies, and reviewing testimony and legislation. FINS is distributed over the Internet to paid subscribers and through several discussion lists. The purpose of FINS, as stated in the publication, is to "communicate the emerging philosophy of the information age." FINS has an estimated readership of 10,000. Back issues of the publication, excluding the current issue, are available through the World Wide Web at http://www.inform.umd.edu: 8080/EdRes/Topic/CompResource/CompSoc/FINS/. See Appendix E, sample listing of FINS News Columns, Special Reports, and articles on Sustainable Development. SUMMARY OF ARGUMENT As a reporter previously credentialed by the Executive Committee of Correspondents (rule 1), and as the publisher of a regularly appearing for-profit news publication that focuses on the activities of Congress (rule 2), Vigdor Schreibman is entitled to accreditation by the Committee of Correspondents. In failing to grant Mr. Schreibman's application for admision to the Periodical Press Gallery, the Executive Commmittee has ignored constitutional restraints and violated Mr. Schreibman's fundamental right to exercise the First Amendment. The Committee also failed to establish a reasonable relation between the method of proceeding under the rules and the result that was attained when it denied the application of a previosuly accredited reporter without explaining how the reporter was not in compliance with the rules. ARGUMENT Mr. Schreibman complies with all of the requirements of Rule 1 set out in the application for admission to the Periodical Press Gallery. The first requirement for admission to the Periodical Press Gallery under Rule 1 is that persons "must be bona fide resident correspondents of reputable standing, giving their chief attention to the gathering and reporting of news." The Senate Manual at 186. Mr. Schreibman has worked as a journalist for more than five years. He has reported on Congressional activities for the Electronic Public Information Newsletter (EPIN), has published articles for the Journal of Government Information, The Hill Rag, is now the publisher of FINS, and has previously published Essays on the Impact of the Constitution and Legal System on American Life and Government, a six volume series celebrating the Constitution of the United States (1987-1990). By a commonsense standard, Mr. Schreibman clearly satisfies this eligibility requirement. Moreover, the Executive Committee has itself previously concluded that Mr. Schreibman meets these requirements. When Mr. Schreibman sought press gallery credentials in 1993 they were promptly granted. When he sought renewals in 1994 and 1995, his credentials were renewed. There has been no correspondence or communication from the Executive Committee at any time since Mr. Schreibman first obtained the right to make use of the Press Gallery to suggest that his credentials were in any doubt whatsoever. Indeed, the decision to renew Mr. Schreibman's affiliation with the Press Gallery establishes the satisfaction of the Executive Committee with Mr. Schreibman's ongoing fulfillment of the requirements for membership. Regarding all other requirements of rule 1, Mr. Schreibman properly complied when he submitted his application. He stated "in writing the names of their employers and their additional sources of earned income." He declared "that, while a member of the Gallery, [he] will not act as an agent in the prosecution of claims, and will not become engaged or assist, directly or indirectly, in any lobbying, promotion, advertising, or publicity activity intended to influence legislation or any other action of the Congress, or any matter before any independent agency, or any department or other instrumentality of the Executive Branch." He further declared that he "will not act as an agent for, or be employed by the federal, or any state, local or foreign government or representatives thereof." He also affirmed that he would "not, directly or indirectly, furnish special or 'insider' information intended to influence prices or for the purpose of trading on any commodity or stock exchange." And he affirmed that he would not "become employed, directly or indirectly, by any stock exchange, board of trade of other organization or member thereof, or brokerage house or broker engaged in the buying and selling of any security or commodity." The Senate Manual 168-69. Mr. Schreibman has engaged in none of these activities since submission of his application to the Executive Committee in mid- August. Finally, since Mr. Schreibman submitted his application to the Executive Committee of the Periodical Correspondents' Association and no questions regarding its authenticity have been raised, he has fully complied with all requirements of rule 1 and should not be denied admission to the Press Gallery for this reason. Further, Mr. Schreibman is aware that the Committee of Correspondents has raised questions concerning Mr. Schreibman's receipt of retirement income, suggesting that this factor may be inconsistent with Rule 1. As is clear from the text, Rule 1 clearly does not require that all personal income be derived from journalism or prohibit the receipt of any form of outside income. Such a stricture would prohibit receipt of everything from bank interest to alimony payments. The restrictions on outside income in Rule 1 are intended to prevent the receipt of funds that would bias the reporter and call into question the credibility of the Press Gallery as an institution. Such concerns were very much on the minds of the original founders of the Press Gallery and appropriate measure were taken to ensure that income derived from lobbying, from the release of inside information, or engaging in other improper or unethical acts were not permitted. See D. Ritchie, Press Gallery: Congress and the Washington Correspondents 109-10, 214-15 (1991). See also 126 Cong. Rec. S14905-10 (daily ed. November 24, 1980) (statement of Sen. Byrd). In no way does Mr. Schreibman's receipt of retirement income trigger the concerns that underlie the principles of Rule 1. There is nothing unethical, improper, or inconsistent under the rules set out by the Periodical Press Gallery that prohibits an accredited reporter from receiving retirement income. If such a rule were established, it would constitute an unjust discrimination against a class of people who are entitled access to report on events in Washington. Mr. Schreibman complies with all of the requirements of Rule 2 set out in the application for admission to the Periodical Press Gallery. a) Content Rule 2 sets out the conditions that a publication must satisfy. The primary requirement is that the publication must "regularly publish a substantial volume of news material of either general, economic, industrial, technical, cultural, or trade character." The Senate Manual at 168. FINS routinely covers Congressional activities concerning telecommunications legislation, federal policies concerning access to government information, funding for federal library programs, and federal economic priorities. During the past two years, FINS has published several hundred items across a wide variety of subjects. Between June 1993 and February 1996, FINS published 76 News Columns. See http://www.inform.umd.edu:8080/EdRes/Topic/CompResource/CompSoc/FI NS/News_Columns ("FINS Information Age: News Columns"). During this period, FINS also published 114 Special Reports. See http://www.inform.umd.edu:8080/EdRes/Topic/CompResource/CompSoc/FI NS/Special_Reports ("FINS Information Age: Special Reports"). FINS has published 46 items on the Information Infrastructure. See http://www.inform.umd.edu:8080/EdRes/Topic/CompResource/CompSoc/FI NS/Information_Infrastructure ("FINS Information Age: Information Infrastructure"). FINS has published 14 items on Sustainable Development. See http://www.inform.umd.edu:8080/EdRes/Topic/CompResource/CompSoc/FI NS/Sustainable_Development ("FINS Information Age: Sustainable Development"). FINS has published extensively also on the topics of Public Information, Information Resources Management, Telecommunications Infrastructure, the Cyberspace Society, and the Internet Press Gallery. FINS clearly publishes a substantial volume of news material of a general, economic, industrial, technical, cultural or trade character. See attachments. b) Washington Coverage Rule 2 further states that the publication "requires such Washington coverage on a continuing basis and must be owned and operated independently of any government, industry, institution, association, or lobbying organization." The Senate Manual at 168. The purpose, mission, and focus of the Federal Information News Syndicate is to report on activities in Washington relevant to the information age. Toward that goal, FINS has reported on, among other matters, Congressional activities concerning telecommunications legislation, federal policies concerning access to government information, funding for federal library programs, and federal economic priorities. All of these topics require ready access to Congress and to the Congressional press gallery The publisher of FINS, Vigdor Schreibman, is a Washington resident who lives within a ten-minute walk of the United States Capital. FINS is published from Mr. Schreibman's Washington home and is made available over the Internet to organizations that routinely cover legislative developments in Washington, including the Government Documents Roundtable and the Telecommunications Roundtable. FINS is owned and operated independently of any government, industry, institution, association, or lobbying organization. FINS receives no support, financial, in-kind, or otherwise from any such institution. c) For-Profit Rule 2 further requires that the periodical "is published for profit and is supported chiefly by advertising or by subscription," or is published by a non-profit organization and satisfies certain other requirements. The Senate Manual at 169. FINS is a for-profit publication. Each issue of FINS indicates the cost to subscribe and provides detailed instructions for submitting payment. Even as the publication is widely distributed on the Internet, the publisher takes measures to ensure that all paid subscribers receive issues in a timely fashion. It is Mr. Schreibman's hope that the publication will eventually become self-supporting, but there are two factors that mitigate against that result at this time, one is familiar to most publishers, the second is unique to the publishing medium in which FINS is distributed. As a start-up publication, Mr. Schreibman could reasonably expect that it will take some time to develop a paid readership base to support his activities. The fact that Mr. Schreibman's readership has grown suggests that by conventional standards this is a successful publication. There is a separate consideration for FINS that must also be addressed. The media in which the Federal Information News Syndicate is distributed -- the Internet -- has not yet established either mechanisms or customs to fully support payment for news publications. Indeed, many publications from CNN to the New York Times routinely distributed news across the Internet to the public without any payment whatsoever. It is not for lack of interest in a profitable operation that CNN and the New York Times engage in this practice; both news organizations anticipate that over time they will recover their costs. Similarly Mr. Schreibman believes that the Federal Information News Syndicate will recover its costs, and the fact that the infrastructure currently does not permit the easy collection of subscription fees should in no way prejudice his application. SUMMARY Mr. Schreibman has fully complied with the requirements set out in the application for credentials for the Periodical Press Gallery, including Rules 1 and 2. The Executive Committee has previously granted his application and twice renewed his request for extension. His retirement income in no way compromises his ability to report fairly and objectively on the activities in Congress and the fact that FINS currently does not receive significant subscription fees from its Internet subscribers is no different than the obstacles that CNN or the New York Times face in their efforts to disseminate information to readers on the Internet. The Speaker of the House and the Senate Rules Committee has the authority to reverse this decision and should instruct the Executive Committee to grant Mr. Schreibman admission to the Periodical Press Gallery. By Vigdor Schreibman, publisher Federal Information News Syndicate 18 9th St., NE Apt. 206 Washington, DC 20002 202/547-8715 fins@access.digex.net Counsel: Marc Rotenberg 666 Pennsylvania Ave., SE, Suite 301 Washington, DC 20003 202/544-9240 rotenberg@epic.org <<<<<< Attached TEXT file named "Hill ltr 4/96/to" follows >>>>>> April 23, 1996 Senator John W. Warner, Chair Senate Committee on Rules and Administration 305 Russell Senate Office Building Washington, DC 20510 Senator Wendell Ford Senate Committee on Rules and Administration 305 Russell Senate Office Building Washington, DC 20510 Speaker Newt Gingrich U.S. House of Representatives The Capitol H-326 Washington, DC 20515 Representative Richard A. Gephardt U.S. House of Representatives 1226 LHOB Washington, DC 20515 Dear Sirs, I am writing to you on behalf of Vigdor Schreibman, a Washington, DC reporter and the publisher of the Federal Information News Syndicate (FINS). Mr. Schreibman's recent application for membership in the Periodical Press Gallery was turned down by the Executive Committee of Correspondents even though he has been a member in good standing since 1993. Under the rules established by the Senate and the House for the operation of the press galleries Mr. Schreibman clearly qualifies for admission. The Executive Committee abrogated Mr. Schreibman's First Amendment rights when it failed to renew his membership. The Executive Committee has failed to demonstrate any basis why Mr. Schreibman's application should not be granted. The result is an unfair burden on a practicing journalist and the violation of fundamental rights protected by the U.S. Constitution. The Speaker of the House and the Senate Rules Committee clearly have the authority to correct this miscarriage justice. Regulations governing the management of the press galleries are "promulgated by Congress, which retains the right of final approval of applications for admission to the galleries." Consumers Union v. Periodical Correspondents' Association, 515 F.2d 1341, 1344 (D.C. Cir. 1975), cert. den., 423 U.S. 1051. Our argument that Mr. Schreibman qualifies for admission in the Periodical Press Gallery is set out in detail in the enclosed petition. Mr. James Fallows, a highly respected Washington reporter and the author of Breaking the News (Pantheon 1996) will also supply a letter in support of Mr. Schreibman's application shortly. You may be aware that both the House and Senate Press Galleries have recently taken steps to address issues raised by new media technologies. While we believe these are important and necessary steps, it is our position that Mr. Schreibman qualifies under the current rules regarding admission in the Periodical Press Gallery. It is a violation of the governing rules to prohibit a previously accredited reporter from continued access to the Press Gallery simply because he now makes his publication available on the Internet. I respectfully urge you to instruct the Executive Committee of Correspondents to grant the application of Vigdor Schreibman for admission in the Periodical Press Gallery. Sincerely yours, Marc Rotenberg, esq. Enclosure cc: David W. Holmes, Superintendent, Executive Committee of Correspondents