From today's decision in TGP Communications LLC v. Sellers by Judge John Tuchi (D. Ariz.):
TGP is an online news and opinion publication. Founded in 2004, TGP has developed a large readership and now averages more than two- and-a-half million readers daily. It describes itself as "a trusted news source for the stories and views that are largely untold or ignored by traditional news outlets." Mr. Conradson is a reporter with TGP who covers Arizona politics. Neither TGP nor Mr. Conradson are shy about their libertarian conservative political leanings. Mr. Conradson testified that his favorite political party is the Republican Party "but I wear that on my sleeve." He noted that his readers understand his political views: "everybody who reads my work knows that I am very transparent about it."
On September 27, 2022, Mr. Conradson applied for credentials to attend press conferences given by Maricopa County officials and to access certain County facilities. The County requires reporters to obtain such credentials—a "press pass"—in order to attend press conferences at, or otherwise enter, the Maricopa County Tabulation and Election Center ("MCTEC") and the tenth floor of the County Administration building in Phoenix, Arizona.
Roy Fields Moseley, the Communications Director for the County, explained that the County instituted the press-pass requirement in light of logistics and security concerns. For example, the Board of Supervisors' conference room on the tenth floor of the County Administration building can accommodate approximately 50 seats for reporters; after the extensive media interest in the 2020 election in Maricopa County, Mr. Moseley testified it was fair to say that they were anticipating there would be a lot more people wanting to attend press conferences. He also testified that there were security issues at MCTEC after the 2020 election, including an incident in which
[s]everal people were not members of the media but perhaps might say they are, but they are not what we would call news reporters. They managed to follow legitimate news crews into the lobby of MCTEC. This was a security concern. They had to be removed. There was a large crowd gathered outside and we didn't want a repeat of that type of situation when we came up on 2022.
The County also has installed temporary and permanent fencing at MCTEC, where the Maricopa County Sheriff's Office maintains security.
Reporters can apply for a press pass through a page on the County's website. The webpage states that "[t]he official press pass will allow members of the press to attend news conferences or enter the Elections Department's office to conduct interviews, take photos, and/or video." The webpage states that the County evaluates "member of the press" based on the following criteria:
