From the Ninth Circuit's order yesterday in TGP Communications, LLC v. Sellers; the order was issued by the merits panel that will hear the case (though it's not signed by particular judges because the panel has not yet been publicly identified), so it offers an important (though not definitive) clue as to the judges' likely eventual conclusions:
On November 8, 2022, the United States held its mid-term elections. Nearly a month later, Maricopa County continues to count those cast ballots. As a result, press attention remains fixed on Arizona, the election results and the ballot counting. To balance the demand for access with logistical and security requirements, Maricopa County began requiring members of the press to obtain a press pass to enter its facilities to cover election-related events. Jordan Conradson, a reporter for The Gateway Pundit, the trade name of TGP Communications, LLC …, sought a press pass to attend press briefings about the election. Maricopa County and individual Appellees denied Conradson a press pass because, in their view, he is not a reputable journalist under their press-pass guidelines and had reported false information about Arizona elections.
Plaintiffs sought a temporary restraining order, arguing that the press-pass criteria were unconstitutional. They sought, among other forms of relief, access to the County press briefings. After an evidentiary hearing, the district court denied injunctive relief.
The court granted an injunction pending appeal, largely because "At least at this preliminary stage, Appellants have shown a likelihood of success on the merits":
