Judge grants KFOR temporary restraining order in First Amendment case
OKLAHOMA CITY (KFOR) – A federal judge has granted KFOR a temporary restraining order for 14 days against Superintendent Ryan Walters and Press Secretary Dan Isett on Wednesday.
Earlier this week, KFOR and the Institute for Free Speech filed a motion for a temporary restraining order and preliminary injunction to be allowed to cover the public state school board meetings and press briefings.
The order prevents three things: 1) denying KFOR access to the room in which Oklahoma State Board of Education meetings are held; 2) barring KFOR from Walters’ follow-up press conferences; and 3) physically obstructing or impeding KFOR’s reporters when they attend these meetings or press conferences.
In the court order, Federal Judge Bernard Jones said “with these standards in mind, and after considering all written submissions, evidence, and arguments presented at Wednesday's hearing, the Court finds that KFOR is likely to succeed on its First Amendment claim.”
The State Board of Education’s next board meeting is Thursday, September 26th.
Isett appeared in court Wednesday, sitting in the gallery.
Walters was not at the hearing.
Judge Jones listened to arguments from attorneys on both sides during the hour-long hearing. Courtney Corbello, attorney for the Institute for Free Speech, represented KFOR. She argued it was a clear case of discrimination and First Amendment violation
"Defendants were very clear that the reason that they are denying KFOR entry into these press conferences and these board meetings is because they don't like what they're reporting," said Corbello.
...newsgathering is the lifeblood of free speech
Federal Judge Bernard Jones
On multiple occasions, News 4 has not been allowed at State Board of Education Board main meeting room and press conferences. The state told the court, KFOR has been denied access because they “do not report the truth.”
Judge Jones responded during the hearing by saying, “As a public official, you’re not always going to like everything the media is saying, but that comes with the territory. It comes with the job.”
In the filing, Judge Jones said “the Court finds this justification to be little more than a ruse, masking an effort to punish a news organization for its editorial stance.”
The court order went on to say, “newsgathering is the lifeblood of free speech.”
The state also argued that the press room was at capacity and there were security issues, something Corbello said was never mentioned before this suit.
"There were so many opportunities before and after the lawsuit was filed to say, well, here are the legitimate reasons why we're doing this,” said Corbello. “Instead, like I said in court, they've doubled down."
Cameras are not allowed in federal courtrooms, but KFOR did ask Isett if he had a reaction to the hearing as he was leaving the courtroom and he said, “No.” News 4 also requested a statement from OSDE, Walters, or Isett via email after the restraining order was granted.
"A judge can give KFOR privileges, but that doesn’t keep the organization from being fake news." Isett said in response to the statement request.
Attorney General Gentner Drummond responded to the case Wednesday.
"Keeping KFOR, the oldest and one of the most reputable news agencies, out of press conferences seems to be the opposite of good government, the opposite of transparency and accountability,” said Drummond. “That's what journalists must do to hold elected officials and appointed officials accountable."