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November 17, 2016

Dear Ms. Margolin;
I write on behalf of Mediaite with respect to your note regarding Nikki Finke.
We appear to have fundamentally different views about the news media, journalists and our
political leaders up to and including the President himself, all of whom the Penske Media
Corporation seems to view as "entertainers. H
When Ms. Finke and Mr. Abrams first discussed a possible column for Mediaite she made it
clear that she was prohibited from writing about the "entertainment industry" both on the internet
and on Twitter (it is worth noting that she has been regularly tweeting about Donald Trump and the
election for months now with no complaints from Penske Media). She and Mr. Abrams agreed that
she would, of course, adhere to that legally mandated agreement.
Ms. Finke's career at Deadline was defined by her fearless coverage of entertainment industry
executives, movie studios, Flollywood actors and the like. For the sake of further clarity, she will
not be covering or wiiting about the "entertainment industry" for Mediaite. Period.
As I read your letter, Penske Media Corporation appears to be maintaining that political
figures and their coverage and entertainment-related matters are now indistinguishable because of
the overlap" between politics and entertainment and that that is "particularly the case as the country
has just elected a reality television star as its President-elect." In fact, I cannot read your letter any
other way.
Are you really claiming that because President-elect Donald Trump was a reality television
star, that coverage of and about him and his administration should be considered "entertainment
industry coverage?" We may all have our opinions about the election of Mr. Trump, but the notion

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that, as a legal matter, his election makes "the intersection between politics and entertaimnent so
"porous" that there is no distinction at all between them is either disingenuous or just laughable. Not
coincidentally, it is also insulting to the office of the presidency, no matter what view one has of its
soon to be inhabitant. It is beyond offensive to suggest that the news media, political journalists or
the President himself are entertainers and that covering them is akin to covering the "entertainment
industry."
Putting aside the reluctance of courts to enforce overbroad non-complete agreements, Ms.
Finke will only be writing about politics and the news media, not the entertainment industry.
With all this said. Ms. Finke and her counsel have advised and assured Mediaite that she will
be in compliance with any and all agreements with Penske Media.

Sincerely,

Floyd Abrams
Judith R. Margolin, Esq.
Deputy General Counsel
Penske Media Corporation
PMC Tower
475 Fifth Avenue
New York, New York 10017
BY E-MAIL & FIRST CLASS MAIL
cc:

Daniel Abrams
Jay Penske