August 5, 2005

Mr. Arthur O. Sulzberger, Jr.
Chairman
The New York Times Company
229 West 43rd Street
New York, NY 10036

Dear Mr. Sulzberger,

I am writing on behalf of the Free Enterprise Action Fund, a shareholder in The New York Times Company, to request an immediate independent investigation into the New York Times ' recent effort to obtain the sealed court records concerning the adoption of Supreme Court nominee John Roberts' two children.

We also request that the investigative findings be publicized and that appropriate disciplinary action be taken in the case of employee misconduct.

As we understand the facts, the Times ' staff consulted lawyers for advice on how they could go about unsealing the adoption records for Judge Roberts' 5-year daughter and 4-year old son.

Not only does this line of investigation appear to be of little bona fide news value, it appears to have been undertaken without any basis whatsoever except as a fishing expedition hoping to uncover embarrassing information. Based on news reports, the Times ' inquiry seems to be a grotesque invasion of privacy and, as it involves two small children, lacks fundamental decency.

As shareholders, we are concerned about the impact of the Times ' actions on the company's reputation, particularly given the widespread reporting of this embarrassing story. We are hard-pressed to see how an unethical, invasive and irrelevant investigation apparently intended solely to humiliate a Supreme Court nominee for political purposes and without regard to the well-being of two very small children will in any way advance the Times ' commitment to journalistic integrity.

Sincerely,

Steven J. Milloy
Managing Partner
Adviser to the Free Enterprise Action Fund