Judge denies restraining order for conservative media figures who sought press passes

Federal Judge Upholds Washington’s Decision to Deny Press Credentials to Conservative Media Figures

A federal judge ruled Tuesday that Washington state lawmakers acted within their rights when they declined to issue press credentials to three conservative media personalities, settling a dispute that highlights ongoing tensions over who qualifies as a journalist in today’s evolving media landscape.

The Democratic-controlled Washington House of Representatives earlier this year refused press passes to Ari Hoffman, host of “Seattle’s Conservative Talk” show; Brandi Kruse, host of the podcast “unDivided”; and Jonathan Choe, a senior fellow at the conservative think tank Discovery Institute. These credentials would have granted them access to restricted areas of the Capitol in Olympia typically reserved for credentialed journalists.

House officials justified their decision by stating the three were not “bona fide journalists” but rather active participants in political advocacy, speaking at rallies and promoting specific legislative agendas.

U.S. District Judge David Estudillo rejected the group’s request for an emergency temporary restraining order that would have forced the House to issue them credentials during the final days of the legislative session. In his ruling, Estudillo found the plaintiffs failed to demonstrate they were denied passes because of their political affiliations – which would have violated First Amendment rights – or that the process was arbitrary, which would have constituted a due process violation.

“The court acknowledges that both parties have legitimate interests at stake here,” Estudillo wrote. He noted the House has “a substantial interest in ensuring the reporters it permits to access the House floor meet the credential standards promulgated so the House may ‘debate and pass laws without interruption or lobbying in that space.'”

The credentials would have granted the three access as lawmakers finalized a multibillion-dollar budget and other significant legislation in the closing hours of the session.

The case illuminates the growing challenges legislatures face in determining who qualifies as a journalist in an era where traditional media boundaries have blurred. Podcasters, bloggers, and content creators increasingly seek the same access historically granted to newspaper, television, and radio reporters.

Jessica Goldman, representing the House, emphasized during proceedings that the denial was based on their roles as activists, not their political viewpoints. She pointed to specific examples of political engagement that differentiated them from traditional journalists.

“They were the leaders of these events that they attended. They were their keynote speakers. They have attached their names and their fame and notoriety to trying to get these laws passed by the legislature,” Goldman argued.

Hoffman, beyond his talk radio role, is involved with Let’s Go Washington, a political action committee. Kruse participates in that group and Future 42, where she criticizes Democratic policymakers and advocates for or against proposed legislation. Choe requested credentials as a representative of “Discovery Institute/Frontlines TPUSA,” organizations with explicitly political missions.

Jackson Maynard, attorney for the three media figures, vowed to continue the fight. “We will continue to litigate this case until we either prevail or exercise every viable legal option,” he said. “Our goal is to get our clients the access they are entitled to by the constitution as members of the press.”

The Washington State Capitol Correspondents Association’s guidelines for press credentials require applicants be “bona fide journalists” with a clear separation “between professional journalism and political or policy work.” Earlier this year, the Association transferred credentialing responsibility to the Legislature after the three threatened a lawsuit. While the Senate eventually issued passes, the House took control of the process and denied them.

Similar controversies have emerged nationwide. In Utah, journalist Bryan Schott was denied credentials after founding Utah Political Watch when the legislature’s policy excluded “blogs, independent or other freelance journalists.” His legal challenge was dismissed. Iowa Senate Republicans changed their floor access policy in 2022, citing difficulties in determining legitimate media credentials amid the proliferation of new outlets.

The case reflects broader tensions as conservative media figures increasingly assert their right to the same access traditionally granted to legacy media, while legislative bodies attempt to maintain distinctions between journalism and advocacy in an increasingly fragmented media environment.