U.S. Press Freedom Tracker

Reporter denied press credentials by Utah Capitol; files suit for access

Incident Details

INSTITUTE FOR FREE SPEECH/CAT PALMER

Bryan Schott, founder of the news website Utah Political Watch, has sued officials in the state’s House and Senate after being denied credentials for the 2025 legislative session on Dec. 17, 2024.

— INSTITUTE FOR FREE SPEECH/CAT PALMER
December 17, 2024

Bryan Schott, founder of the news website Utah Political Watch, was denied credentials for the state’s 2025 legislative session on Dec. 17, 2024, a move he characterized in a subsequent lawsuit against officials in the House and Senate as retaliatory.

Schott told the U.S. Press Freedom Tracker that he has covered the statehouse in Salt Lake City for more than 25 years and received Capitol press credentials without issue since 2013. He left The Salt Lake Tribune in mid-2024 to launch the web outlet and is its sole reporter.

In a post on social media, Schott wrote that he first asked about receiving credentials for the upcoming session on Nov. 5, but didn’t initially receive a response. The Capitol credentialing policy was changed Nov. 24, Schott reported, and explicitly excludes “blogs, independent media or other freelance media.”

In a new preamble, the credentialing policy states that the process is “designed to give professional journalists and media representatives from reputable organizations access to cover the legislature and other significant events at the Utah State Capitol.”

The policy’s language around why credentials may be denied or revoked also changed from “Applicant does not represent a professional media organization” to “Does not represent an established reputable news organization or publication.”

Schott told the Tracker that the changes purposefully excluded him and, according to open records requests he made, he was the only one who had been denied a credential. Meanwhile, Schott added, other new and independent outlets haven’t seen their access change.

Attorneys with the Institute for Free Speech, which is representing Schott, argued that the retaliatory aspect was made clear in an official’s response to Schott, after he reported Dec. 12 on allegations that Senate President Stuart Adams had violated campaign disclosure laws.

When Schott reached out for comment to Aundrea Peterson, Utah Senate deputy chief of staff and media liaison designee, she accused him of having a “disregard for accurate reporting and ethical standards” and told him “you aren’t a journalist,” according to the lawsuit.

In the text exchange included in the suit, Schott wrote to Peterson, “It certainly sounds like you’re going to use your criticism of this story you don’t like to deny me a press credential next week.” She responded, “We will follow our policy when reviewing media credential applications.”

Adams also derided the article in a post on the social platform X, referring to it as a “blog post” and to Schott as a “former media member,” accusing him of “neglectful journalism that undermines the profession’s integrity.”

Schott applied for Capitol press credentials five days later, on Dec. 17. Although he passed the background check, his request was denied based on the new policy’s exclusion of “blogs, independent, or other freelance journalists.” He appealed the decision, but the chiefs of staff for both the House and Senate upheld it Dec. 26.

The Utah legislative session began on Jan. 21, 2025, and Schott filed his lawsuit against the chiefs of staff and media liaisons for both legislative chambers the following day. The suit alleges violations of his First and Fourteenth amendment rights and asks for an order requiring the Capitol to credential independent media, as well as nominal damages totaling $17.91, the year the Bill of Rights was ratified.

Schott told the Tracker on Jan. 27 that in the days since, he has missed multiple media availabilities, news conferences and news releases because of his lack of access to areas of the Capitol and exclusion from the press list.

“It’s dangerous when you allow the people who are the subject of reporting to decide who is and who is not a legitimate media outlet or legitimate journalist and that’s what is happening here,” Schott said. “They are picking and choosing who gets to ask them questions, who gets to cover them.”

A Feb. 5 hearing is scheduled on Schott’s request for a temporary restraining order requiring the legislature to grant him credentials for the current session, he told the Tracker. But he added that Utah’s legislative session is the shortest in the country, lasting only 45 days, so even if the order is granted that day he will have already missed a third of the session.

The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].