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 J ohn Doe petition, including exhibits), ECF No. 117 Exhibit B
(entirety, including exhibits);

ERIC OKEEFE 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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2

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 publics 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 OKeefe, 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 BF to their May 14 response to the Coalitions motion:
Declaration of Eric Young, ECF No. 7, Exhibit D;
Petition for Supervisory Writ and Writ for Mandamus, ECF No. 53 Exhibit F;
Case 2:14-cv-00139-RTR Filed 05/14/14 Page 2 of 3 Document 218-1
3

Milwaukee Defendants Supplemental Opposition to Plaintiffs Preliminary-
Injunction Motion, ECF No. 109;
Special Prosecutors Response to Petition for Supreme Court Review, ECF No.
110 Exhibit E;
Defendants Schmitzs 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 J udge
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