(This story has been updated to add new information.)
Oklahoma City television station KFOR has sued state school superintendent Ryan Walters and his press secretary Dan Isett because, according to the station, they denied its journalists access to the State Board of Education’s meeting room during public meetings and press conferences.
KFOR and three of its journalists – reporter Dylan Brown and photojournalists Kevin Josefy and Gage Shaw – filed the lawsuit in Oklahoma City on Monday. They are represented by lawyers from the Institute of Free Speech and local attorney Bob Nelon. KFOR is owned by the Nexstar Media Group, which owns nearly 200 television stations in the United States.
The lawsuit centers on the allegation that state officials engage in unconstitutional discrimination against expression by arbitrarily deciding which media may attend public events. The lawsuit seeks to prevent state officials from denying press access based on perceived legitimacy or opinion and to overturn any unwritten policies that limit media participation.
The lawsuit seeks an immediate injunction against the continued blocking of the station’s journalists, to ensure equal access for all accredited media and to prevent future exclusions based on opinions. The next meeting of the State Board of Education is scheduled for Thursday.
The case was assigned to U.S. District Judge Bernard Jones.
“The First Amendment prohibits government officials from selectively excluding journalists and the media,” said Charles “Chip” Miller, chief counsel for the Institute for Free Speech. “The official responsible for the education of Oklahoma’s children is acting as a ‘censorship overseer’ rather than setting an example that teaches the importance of free speech.”
On at least three occasions, representatives from numerous other Oklahoma media outlets watched as Isett denied KFOR journalists access — sometimes physically — to the room where the State Board of Education’s monthly meetings are held and to the press conferences Walters led following those meetings. Instead, KFOR journalists were relegated to what was called an “overflow room.”
This is despite the fact that KFOR journalists hold press credentials from the Legislative Service Bureau, the accrediting agency for the state Capitol complex, which houses the Oliver Hodge Building where State Council meetings are held. These accreditations are renewed annually and are accepted by any other state agency for access to government meetings.
On Twitter, Isett said, “KFOR is the TMZ of Oklahoma, but with no commitment to the truth.” Isett also said that KFOR, which began broadcasting in 1949, is not a “legitimate” news channel.
In his response to the lawsuit on Monday, Isett again criticized KFOR.
“It is no surprise that the liberal media refuses to be held accountable,” Isett said. “Their organization has shown a reckless disregard for the truth, including falsely reporting on a nonexistent federal investigation into OSDE and at least one instance of KFOR personnel following people into the agency’s restrooms. This serves neither the public interest nor their mission as a broadcaster.
“At no time was KFOR denied access to the agency that was granted to a member of the public, and this complaint is no more credible than some of its news reports.”
Isett did not provide any evidence for the allegations he made in his statement.
Brown, one of the reporters who was repeatedly denied access to the conference room, called the action a “shocking attack on press freedom.”
He said the situation was “not just about our broadcaster losing its ability to inform the public – it is also about ensuring open access to government processes for all journalists.”
“Every day that KFOR-TV is denied access to OSDE board meetings and Walters’ press conferences is another day that KFOR-TV audiences are denied the opportunity to be informed and receive comprehensive coverage.”
