(The Center Square) – A lawsuit has been filed by the Citizens Action Defense Fund against the Washington state House and other entities for the denial of press credentials to several independent journalists, which the suit claims violate their First Amendment rights.
Last year, the Capitol Correspondents Association, one of the defendants in the lawsuit, handed its press credentialing authority to the state Legislature after decades of overseeing that role. To obtain a House press pass, an individual has to apply by filling out an online form. Media credentials allow individuals to attend media availability press conferences as well as access areas of the state Capitol not otherwise open to the public.
During this legislative session, the House denied press credentials to radio talk show host Ari Hoffman, Undivided podcaster Brandi Kruse, and Discovery Institute reporter Jonathan Choe. In response, CADF threatened legal action prior to filing the lawsuit.
Although the CCA does not wield credentialing anymore, the lawsuit argues that documents obtained through public records requests revealed the organization’s guidelines are used internally by the House to determine who is deemed a member of the press.
“The Washington State House of Representatives and other Defendants have trampled the constitutional rights of three prominent reporters by denying them press passes based upon unpublished guidelines that were unfairly applied and promulgated by a private association,” the lawsuit alleges.
“Not only are the guidelines that lead to this conclusion vague and unenforceable, but they also were unfairly applied to Plaintiffs and not others similarly situated,” the lawsuit further states. “This simply does not meet the constitutional standards courts apply to protect freedom of the press under the state and federal constitutions, and violates the non-delegation doctrine.”
After the lawsuit was announced, the House Republicans put out a statement that they would give their own press pass to any journalist who applies; this allows individuals to access the Republican side of the legislative wings when the House is in session and attend Republican media availability events.
“Transparency and accountability aren’t partisan values — they are foundational to representative government,” Rep. Drew Stokesbary, R-Auburn, said in a news release statement. “At a time when people believe democracy is on the line, we believe the answer is more sunlight, not less.”
Earlier this week, two Washington Republican Congressman issued a statement requesting that the press credentials be issued to Hoffman Kruse, and Choe.
The Center Square reached out to House Speaker Laurie Jinkins and House Chef Clerk Bernard Dean requesting an interview to discuss the lawsuit, but did not receive a response.
