Judge Sides with Oklahoma TV Station in First Amendment Lawsuit

Temporary restraining order prevents state education officials from blocking journalists’ access to meetings and press conferences

September 25, 2024   •  By IFS Staff   •    •  

Oklahoma City, OK — Oklahoma’s oldest TV station has scored an early victory in its fight for press freedom.

Calling the officials’ rationale “little more than a ruse,” a federal judge has quickly granted a temporary restraining order (TRO) in favor of Oklahoma City television station KFOR-TV in its First Amendment lawsuit against Oklahoma Superintendent of Public Instruction Ryan Walters and Press Secretary Dan Isett.

The lawsuit, filed by attorneys from the Institute for Free Speech and local counsel Bob Nelon, stems from Walters and Isett’s exclusion of KFOR journalists from public State Board of Education proceedings and press conferences, sometimes physically preventing reporters from entering convening spaces.

The TRO prevents state officials from “(1) denying KFOR access to the room in which Oklahoma State Board of Education meetings are held; (2) barring KFOR from Walters’ follow-up press conferences; and (3) physically obstructing or impeding KFOR’s reporters when they attend these meetings or press conferences.”

Notably, the court found that the officials’ justification for excluding KFOR-TV “appears largely motivated by the viewpoint of KFOR’s publications” and was “little more than a ruse, masking an effort to punish a news organization for its editorial stance.” (emphasis added)

“The defendants today argued that they could decide whether a news organization was adequately ‘truthful.’ This is a shockingly inverted view of the First Amendment.  We are pleased the Court was equally concerned. This ruling sends a clear message that government officials cannot arbitrarily deny journalists’ constitutional rights,” said Institute for Free Speech Senior Attorney Charles “Chip” Miller. “This is a significant victory for press freedom and the public’s right to information as this case moves forward.”

The TRO will remain in effect for 14 days, ensuring KFOR-TV will have access to the upcoming State Board of Education meeting tomorrow, September 26th.

To read the full TRO, click here. For more information about the case, including client photos for media use, visit our case page here.

About the Institute for Free Speech

The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment.

IFS Staff

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