Travesty: Supreme Court (And Senate) Deny SCOTUSblog A Press Pass
from the shameful dept
So we just had a story about a court recognizing that, yes, blogs are a part of the media, and noted how ridiculous it was that this is still an issue in 2014. However, it appears that the Supreme Court is still living in a different century (okay, maybe not a huge surprise, since they still haven’t figured out email). If you follow issues around litigation, it’s likely that sooner or later you’ll read SCOTUSblog, which is (deservedly) the go to source for anything related to anything having to do with Supreme Court cases. On mornings when decisions come out, it’s always the first source I check, and I’m hardly alone among legal watchers.
And yet… the Supreme Court has denied SCOTUSblog’s request for a press pass based on a stupidly convoluted system for which the Senate is partly to blame as well. According to SCOTUSblog:
SCOTUSblog is not now, and has never been, credentialed by the Supreme Court. The Court’s longstanding policy was to look to credentials issued by the Senate. We pursued a Senate credential for several years, modifying several policies of the blog to address concerns expressed by the Gallery. Last year, we finally succeeded – the Senate Press Gallery credentialed Lyle as a reporter for SCOTUSblog. We then presented that credential to the Supreme Court, thinking that the issue was resolved.
But the Court declined to recognize the credential, explaining that it would instead review its credentialing policy. The Court has not indicated when that review will conclude.
This is complicated further by the fact that the Senate Press Gallery has now rejected SCOTUSblog’s request for a press pass, and also told the blog it will not renew Lyle’s press pass — thereby cutting off the blog to both the Senate and the Court. SCOTUSblog’s Tom Goldstein does note that the Supreme Court itself has actually tried to accommodate the blog’s requests for public seats, despite not agreeing to give it a press pass. The situation is clearly ridiculous:
All that said, the Senate Press Gallery’s decision to deny us a credential is important to us. We wanted the credential in substantial part because we cover Supreme Court-related matters in the Senate. Most significantly, we do gavel-to-gavel, liveblog coverage of Supreme Court nominations. We also expect to cover hearings related to the Court’s budget. So those efforts are now more difficult.
So we plan to appeal the Senate Gallery’s credentialing decision. We do not have a written list of the reasons for the denial, which makes the process more difficult. Our impression is also that the appeal may go to the same group that denied the application in the first place. If the appeal is denied, then we expect to litigate the issue. We’re now coordinating all those efforts with other groups that kindly have offered to support us.
All in all, the refusal by the Court and the Senate to credential us have always seemed strange. No one seems to doubt that we are a journalistic entity and that we serve a public function. Winning the Peabody and other awards would seem to confirm that. And the Court for years has functionally recognized us, because obviously the overwhelming majority of Lyle’s work is for us. We do not want any kind of special treatment. Credentialing the blog doesn’t give us any special power or recognition; it just makes our jobs incrementally easier. All in all, it doesn’t seem to make sense to impose burdens on us that are greater than those that apply to others who fundamentally do the same thing.
I don’t think “strange” is the right word. Shameful works better. Stupid would apply as well.