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Local TV station accuses state inspector and OSDE employees of violating the First Amendment
Alabama

Local TV station accuses state inspector and OSDE employees of violating the First Amendment

On Monday, Oklahoma City television station KFOR-TV filed a lawsuit against State School Superintendent Ryan Walters and Oklahoma Department of Education Press Secretary Dan Isett.

The lawsuit alleges that Walters and Isett are interfering with reporters’ rights to perform their vital press functions under the First Amendment.

The lawsuit states that the television station is prohibited from accessing the State Board of Education meetings and the State Superintendent’s subsequent press conferences.

The lawsuit alleges that KFOR reporters and photojournalists are forced into an “overflow” room at State Board of Education meetings, even as other media outlets gather in the boardroom. The lawsuit also says that Walters and Isett “drive KFOR reporters who try to enter the superintendent’s press conferences right back out and tell them ‘no’ and slam the door in their faces.”

According to the lawsuit, Isett justifies this by saying that KFOR is not a “legitimate” news organization and “does not deserve the privileges of the press.”

This year alone, KFOR reporters were put in the briefing room at the State Board of Education meetings in March, June, July and August. KFOR was also denied access to Walter’s press conferences after those meetings.

In August, a KFOR reporter and photojournalist attempted to approach Walters as he and Isett walked through the halls of the State Capitol.

According to the lawsuit, when the reporter identified himself, Walters responded, “no, no, no, no” and walked away. At the same time, the lawsuit alleges that Isett approached the reporter and touched him without his consent.

During this incident, he tried to ask Isett why KFOR had been excluded from press conferences, but Isett continued to put his hands on the reporter and said: “We are finished. You got your answers, you asked three questions, everything is fine,” the lawsuit states.

Following a board meeting in August, Isett again denied KFOR journalists access to the press conference following the board meeting with Walters.

A Tulsa World photojournalist captured the exchange between Isett and the KFOR reporter. When the Tulsa World photojournalist asked Isett why KFOR reporters were denied access to the press conference, Isett told him, “I don’t think this is a reputable news organization.”

On August 23, the Society of Professional Journalists commented on the incidents and condemned the actions of the Ministry of Education.

Responding to the SPJ article, Isett said:

Our office is working with hundreds of journalists across the state and the country to inform the public about the success of Oklahoma students under Superintendent Walters. We will not work with tabloids that continually publish and spread false information instead of informing the public.

KFOR is seeking a ruling in federal court that would prohibit the state Department of Education from denying the television station access to board meetings and press conferences, and would prohibit OSDE employees from physically obstructing, touching or hindering reporters attempting to attend said meetings.

The television station is also demanding symbolic damages of $17.91.

Isett released the following statement to Fox25 regarding the lawsuit:

It is no surprise that the liberal media refuses to be held accountable. Their organization has shown a reckless disregard for the truth, including falsely reporting a nonexistent federal investigation into OSDE and at least one instance of KFOR personnel following individuals into the agency’s restrooms. This serves neither the public interest nor their mandate as a broadcaster. At no point has KFOR been denied access to the agency granted to a member of the public, and this lawsuit is no more credible than some of their news reports.

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