From Utah Political Watch, Inc. v. Musselman, decided yesterday by Judges Timothy Tymkovich, Michael Murphy, and Robert Bacharach:
The Utah Legislature opens its legislative sessions to the public so that its constituents may observe the state's lawmaking process. The Legislature also grants additional access to professional journalists through what it calls its Capitol Media Access and Credentialing Policy. Beyond what the Legislature affords the public, credentialed journalists receive perks such as entry to a press room and secure areas of the Capitol, use of designated media workspaces in the Senate and House galleries, and access to media availabilities and press events with elected officials. To be eligible for a credential, a journalist must be "part of an established reputable news organization" and "[a]dhere to a professional code of ethics." The policy categorically excludes journalists associated with "[b]logs, independent media or other freelance media" from receiving a credential.
Bryan Schott is a journalist who covered the state house for more than twenty-five years on behalf of various institutional media companies, including Salt Lake City's most prominent newspaper. The Legislature granted media credentials to Schott each year that he worked for these companies. But in 2025, after Schott left the newspaper and started his own independent news organization—Utah Political Watch—while continuing to report on state politics and legislature matters, the Legislature denied his credential application.
The court allowed Schott's case to go forward, concluding that "he plausibly alleged that the Legislature denied his application because of his news stories' viewpoints":
