Hughes has a copy of masthead. Can you help me understand that you see publisher as an editorial role?
Goldstein: When I designed the masthead I didn't have a technical sense about it. There is a staff that reports, and a staff that supports.
I give general directions about types of cases and issues that we will give more intense coverage to.
For example, when we will cover Justice Stevens's testimony at the Senate.
I do have an editorial rule in the sense that Lyle will propose a particular piece. I am responsible for the technical direction of the blog. I don't do line editing.
Hughes: SCOTUSblog is a Delaware corporation. How does that relate to the blog?
Goldstein: We have gotten guidance re need for economic independence of the blog. Blog has own separate bank account, employees, costs. It is separately incorporated, just as many of the companies for which you work likely are. The corporation owns the blog, and I own it.
Hughes is citing a Texas Supreme Court case. Are you representing that your primary line of business is something other than the distribution of information?
This is a packet of info that the Committee has. It is referring to a brief by Eugene Volokh. I
Goldstein: SCOTUSblog's exclusive role is to distribute information and opinion about the Supreme Court.
Hughes: How do I need to understand your name (SCOTUSblog) on this brief?
Goldstein: This is something that I didn't write. Eugene Volokh is trying to say that there are bloggers who also do other things.
Goldstein: I do wear multiple hats. I don't think that anyone would be confused that the role of the blog is to do anything other than to distribute information.
SH: Can you go back to your masthead, click on publisher. How should I think about content on that page?
(They are referring to Tom's posts on the blog itself.)
SH: Is everything on the blog under your name news?
TG: First post is an explainer on campaign finance. Posts on appeal. Quick recap on opinion in Robers v. US is news. Policies on editorial independence result from our exchanges with SC.
Other posts are news -- e.g., scheduling of Hobby Lobby cases. Practice pointers on Court.
TG is continuing to walk through his various posts over the last year or so. We are back at the untold risks of SSM post now.
SH: One last question: If it says something like "SCOTUSblog's appeal"; is there a difference when you are writing about yourself than when expressing an opinion?
TG: I suppose. Newspapers have opinion related pieces, they have descriptive fact pieces. I may not quite understand the question.
TG: The people who apply for credentials do news, not opinions.
Peter Urban: Under Senate Gallery rules, applications must be independent of any institution that lobbies federal government. SCOTUSblog is owned by SCOTUSblog; you own Goldstein & Russell?
Urban: You have separated the two entities. It appears that they are office neighbors. Do you have separate leases or is one subletting from the other?
TG: The latter. Goldstein & Russell leases the space, blog pays rent to the firm.
Urban: What is the physical structure? Do you have two separate offices?
TG: I do not. It seems a little wasteful. The blog staff has its own office; they adjoin.
Urban: You have the same receptionist?
Urban: When you call the blog, someone answers Goldstein & Russell?L
TG: The blog don't get any phone calls except from you
Urban: Are you worried about that?
Urban: Give me a rundown on the staff.
TG: Lyle is fulltime paid by the blog.
Amy is full-time editor and reporter paid by the blog.
Kali is fulltime paid by the blog.
We pay other people, including credentialed reporters -- eg., Art Lien -- as contractor. We also have a hundred contributors at any given year who receive an honorarium.
TG: I am not paid by the blog.
Urban: What does Andrew do when he does not work for the blog?
TG: He works for the firm.
Urban: Goldstein & Russell lawyers -- Russell and Singh. Do all of the attorneys participate in the blog? Is that expected?
TG: It is not expected. It is what we do. We have one lawyer is a recent Supreme Court clerk and is under ethical constraints about what he can write about. They don't write a lot, to sum it up.
Urban: In terms of G&R, what percent of the cases on the Couryt's docket? Roughly 10%?
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