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HATFILL v. THE NEW YORK TIMES CO.

Nos. 07-1124, 07-1162.

532 F.3d 312 (2008)

Steven J. HATFILL, Plaintiff-Appellant, v. THE NEW YORK TIMES COMPANY, Defendant-Appellee, and Nicholas Kristof, Defendant. American Broadcasting Companies, Incorporated; ALM Media, Incorporated; The Associated Press; Bloomberg L.P.; CBS Broadcasting, Incorporated; Cox Enterprises, Incorporated; Dow Jones & Company, Incorporated; Gannett Company, Incorporated; Hearst Corporation; Landmark Communications, Incorporated; Magazine Publishers of America, Incorporated; NBC Universal, Incorporated; Newspaper Association of America; Newsweek, Incorporated; The Radio-Television News Directors Association; The Reporters Committee for Freedom of The Press; Time, Incorporated; The Washington Post Company, Amici Supporting Appellee. Steven J. Hatfill, Plaintiff-Appellee, v. The New York Times Company, Defendant-Appellant, and Nicholas Kristof, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 14, 2008.

Attorney(s) appearing for the Case

ARGUED: Christopher J. Wright, Harris, Wiltshire & Grannis, L.L.P., Washington, D.C., for Steven J. Hatfill. Lee Levine, Levine, Sullivan, Koch & Schulz, L.L.P., Washington, D.C., for The New York Times Company. ON BRIEF: Thomas G. Connolly, Mark A. Grannis, Timothy J. Simeone, Christopher P. Nierman, Harris, Wiltshire & Grannis, L.L.P., Washington, D.C., for Steven J. Hatfill. David A. Schulz, Michael D. Sullivan, Levine, Sullivan, Koch & Schulz, L.L.P., Washington, D.C.; David E. McCraw, The New York Times Company, New York, New York, for The New York Times Company. Jack M. Weiss, Joshua Wilkenfeld, Laura M. Leitner, Gibson, Dunn & Crutcher, L.L.P., New York, New York; Theodore J. Boutrous, Jr., Gibson, Dunn & Crutcher, L.L.P., Washington, D.C., for Amici Curiae.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Senior Judge BEAM joined.

OPINION

NIEMEYER, Circuit Judge:

In the days and weeks following the 9/11 attacks on the World Trade Center and the Pentagon, someone sent letters laced with the deadly toxin anthrax through the U.S. mails to members of Congress and news organizations, and five people who handled the mail died from contact with the anthrax.

In the months that followed, Nicholas Kristof, a columnist whose articles appeared in the editorial section of The New York...

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