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

SEATTLE– Washington state lawmakers were within their rights when they refused to issue press cards to three conservative media figures, a federal judge ruled Tuesday in a case that echoes a national debate over who qualifies as a journalist.

The Democratic-controlled Washington House of Representatives refused earlier this year to issue press credentials that would have granted the three men access to parts of the Olympia Capitol closed to the general public. The body said they are not real journalists because they participate in the political arena – advocating certain agendas and organizing or speaking at rallies.

The three men filed a federal lawsuit and asked the court for an emergency temporary restraining order that would force the House to grant them passes in the final days of the session. The group includes Ari Hoffman, host of “Seattle’s Conservative Talk” on AM 570 KVI; Brandi Kruse, host of the “unDivided” podcast; and Jonathan Choe, a senior fellow at the Discovery Institute, a conservative think tank.

Their attorney, Jackson Maynard, told U.S. District Judge David Estudillo on Monday that the process used to deny them their press credentials was vague and arbitrarily applied, violating their due process rights, and that denying them access because they disagree with lawmakers’ political views violates their constitutional rights to free speech and freedom of the press.

“In the remaining 72 hours of the legislative session, the House will potentially be grappling with a multibillion-dollar budget and other legislation of great importance,” Maynard told the judge Monday. “My clients are the eyes and ears of citizens in the legislative process. Their voices and opinions should not be excluded.”

In his ruling, Estudillo said the group failed to demonstrate that the passes were denied to them because of their political affiliations — which would be a violation of their First Amendment rights — and failed to demonstrate that the process was arbitrary, which would have violated their due process rights.

“The court recognizes that both parties have legitimate interests at stake here,” Estudillo said in his order. But denying the temporary restraining order is appropriate because the three have failed to demonstrate that they are likely to succeed in their press freedom or due process claims, and that “the House has a substantial interest in ensuring that the journalists it allows access to the House meet promulgated accreditation standards so that the House can ‘debate and pass legislation without interruption or lobbying in this space.’

Legislatures across the country are grappling with how to address the changing media landscape. Television, radio and newspaper journalists are joined by podcasters and other producers of user-generated content. Conservative influencers have regularly appeared at press conferences and events hosted by the Trump administration.

Jessica Goldman, attorney for the House of Representatives, told Estudillo that the group was not denied passes because of their views, but because they were activists for political causes and not independent observers.

“It’s also important to understand that the plaintiffs here weren’t just attending an event, which obviously journalists do all the time,” Goldman said. “They were the leaders of these events that they attended. They were their keynote speakers. They attached their name and fame and notoriety to trying to get these … laws passed through the legislature.”

For example, in addition to being a radio host, Hoffman is also involved with Let’s Go Washington, a political action committee that campaigns for initiatives. Kruse is also involved in this group, as well as the group Future 42, where she criticizes Democratic policymakers and lobbies for or against proposed bills.

Choe applied for the press pass as a representative of the “Discovery Institute/Frontlines TPUSA”. Discovery is a think tank, and Turning Point USA says its “mission is to identify, educate, train, and organize students to promote the principles of fiscal responsibility, free markets, and limited government,” the lawyers said in their filing.

The Washington State Capitol Correspondents Association’s guidelines for granting press passes state that the person must be “a bona fide journalist” and that there must be a line “between professional journalism and policy or policy work.” The association moved the accreditation process to the Legislature after the three threatened legal action in 2025. The Senate ultimately issued the passes, but the House took over the process and rejected the pass requests.

The criteria for granting press credentials “is guided by the principle that access to the House must be granted to the press who are observers and independent observers, and not participants with an interest in the proceedings, regardless of their political views,” Goldman said in a court filing.

Other legislatures have faced similar questions.

Journalist Bryan Schott covered the Utah Legislature for years with a press pass, but was denied his credentials after founding the news site Utah Political Watch. The lawmaker’s policy excluded “blogs, independent journalists or other independent journalists.” He filed a complaint but his case was dismissed.

Republican lawmakers in the Iowa Senate changed their policy of letting journalists into the Senate in 2022, arguing they could not determine who should get media credentials at a time when new media outlets are emerging.