Why conservative media personalities were denied press access to Washington’s House floor

A trio of conservative media figures will continue to be barred from access to press areas on the state House of Representatives floor, a federal judge ruled Tuesday.

A lawsuit from Seattle-area media personalities Ari Hoffman, a radio talk-show host; Brandi Kruse, a podcaster; and Jonathan Choe, senior fellow at Discovery Institute, stems from last year’s Legislative session. The three had sought access to press credentials and seating at a table on the House floor that is reserved for members of the media, but were denied by the independent Capitol Correspondents Association and House clerks .

The trio allege their denial was based on the critical nature of their editorial reporting and is a constitutional violation in several regards, while an attorney for the House said it was because of their participation in partisan rallies and involvement with non-news organizations that contradict guidelines for credentialing media. Judge David Estudillo sided with the House and Capitol Correspondents Association, finding the allegations of constitutional violations uncompelling.

The Capitol Correspondents Association is made up of reporters from publications around the state who cover state politics in Olympia. For 50 years, the independent group advised who got credentials to access press areas with its own set of guidelines and last year excluded the three, who have used their platforms to advocate for certain legislation and were featured speakers at rallies at the Capitol. The House has the ultimate say, but often relies on vetting from the press corps.

A Spokesman-Review reporter is a member of the Capitol Correspondents Association, and the newspaper has financially contributed to enlist the services of attorney Kathy George, representing the association in this suit.

Per its guidelines, the association doesn’t support credentialing those who work for a publication that is part of a larger, nonnews organization. Also, it “will not support the providing of a credential to a person who is or may become engaged in campaigns, lobbying or the development of public policy.”

“Blurring that line would raise questions about the motives of everyone in the press corps, and risk having the Legislature revoke or restrict the access we have maintained in the public interest for many years,” association guidelines read.

All three plaintiffs have denied this engagement in court documents.

Threatened with a lawsuit, the association last year passed the responsibility to the chambers themselves to decide alone who qualifies for press access. After some time, the senate obliged the three while the House again denied press passes, prompting allegations of first amendment violations and claims that they were denied because of their critical coverage of state government and outspoken opposition to the majority party.

“My clients, they have espoused written or verbal, on their podcasts, positions that are critical of the Legislature or policy positions or legislation,” said Jackson Maynard, attorney representing the three. “Their rights to have access to be the eyes and the ears of the public should also be protected.”

The trio took the House and Capitol Correspondents Association to court, and on Tuesday, Estudillo sided with the House and association, upholding rejection from the House in the waning hours of this year’s lawmaking season.

The judge ruled the association’s guidelines weren’t “unreasonable,” and appeared to ensure those with press passes are in fact professional journalists and align with the House’s goal to keep the chamber free of lobbyists so lawmakers can work uninterrupted.

“The guidelines identify a clear directive in maintaining an independent press separate from the government, political parties, and interested groups,” the judge’s ruling reads.

The judge ruled against plaintiff’s claims that access was denied based on their critical viewpoint of the Legislature, siding with the House that passes were denied because of their involvement with think tanks or rallies for legislation, not necessarily the ideology of such legislation.

House clerks denied Hoffman because of his participation in a rally at the Capitol steps last November – featured as a speaker in a push for two citizen initiatives spearheaded by Let’s Go Washington, a registered political action committee, according to court documents.

Kruse was also denied because she was featured at the rally, and was again scheduled to speak at another Let’s Go Washington event at the Capitol a day after requesting press access to the House chamber, according to court documents.

“The plaintiffs here were not just attending an event, which obviously journalists do all the time … but these plaintiffs did way more than that,” said Jessica Goldman, attorney representing the House. “They were the leaders of these events, they were the keynote speakers. They have attached their names and fame and notoriety to try to get these laws passed by the Legislature.”

The House denied Choe because of his work for the Discovery Institute and Turning Point USA’s Frontlines; Capitol Correspondents Association guidelines include think tanks as a “larger non-news organization” that warrant a denial, according to court documents.

Choe also does work for the Lynwood Times, but didn’t associate himself with this publication when requesting press passes for the beginning of the session, according to court documents, even after a House Clerk told him to reapply under that publication if it’s what he planned to represent while covering the Legislature.

The three already have access to the Senate and the wings of the Republican side of the House. They can attend public hearings and are credentialed for press conferences, Maynard said, and can watch any floor activity livestreamed online or in the public gallery overlooking each chamber.

“That’s why it’s absolutely ridiculous they’re being excluded on this arbitrary basis of what the capitol correspondents association and the house clerk think of their journalistic credentials,” Maynard said.