In a preliminary vote, the Senate expressed its willingness to limit media access to certain areas of the Capitol unless reporters get permission or are accompanied by lawmakers.
SR1, sponsored by Senator Mike McKell, R-Spanish Fork, was heard in a heated committee debate last week and was recommended favorably, despite protests from media representatives who argued that the rule would limit the accountability and transparency.
The rule would require journalists to obtain clearance from a Senate media representative in order to gain access to the Senate floor and adjacent hallways. Videographers or photographers would also need to obtain permission from a committee chairperson before standing behind the dais to photograph testimony during a hearing.
McKell cited security concerns as a driver for the rule, including threats to the Utah Capitol following the Jan. 6 insurrection.
“We had threats against our Capitol last year,” he said. “When we entered session, one of the first threats to a US (state) capitol reported in The Washington Post was our capitol. So I think it’s important that we recognize that safety is important.
Sen. Scott Sandall, R-Tremonton, agreed, saying the rule was to “conduct people’s business in a safe and fair manner.” He said the Legislature provides “greater access to information than we’ve ever had,” in part through live streams and recordings made available on its website.
The security concerns and threats are legitimate, said Sen. Lincoln Fillmore, R-South Jordan, but he ultimately voted against the resolution in part because he doesn’t think the Legislature should decide which media or reporters are legitimate sources.
“I struggle with what the standards should be, and I’m reluctant to have the legislature decide … which avenues are worthy of (press) accreditation and which are not,” he said.
Other senators seemed to support the rule change for more personal reasons, namely how the media covers them.
“I wish there was a way for us to be able to say that when we work with the media, we’re always treated well. I don’t know if that’s always the case,” said Sen. Jake Anderegg, R-Lehi, adding that while some journalists are fair, others are not.”I can only speak anecdotally from my own experience, but I have witnessed with my own eyes members of the media sneaking into the room here, hiding behind pillars and listening to conversations…instead of coming in front of me and asking me a question.
Anderegg called the bill a “reasonable curtailment” of media access, saying they shouldn’t get “unfettered access” to the Capitol and lawmakers.
“I can’t tell you how many times I’ve given 45-minute interviews to be quoted a line and it’s shot how they want it to be,” he said. “I don’t know if I have a ton of faith that the media isn’t more interested in selling their wares than in conveying the truth.”
“Lots of debate on this resolution by senators,” the Alliance for a Better Utah said in a tweet after the vote. “While security concerns are used to explain why senators need these changes to access the press, it’s clear some just don’t like the coverage they’re getting in the press.”
Much debate on this resolution by senators. While security concerns are used to explain why senators need these changes to access the press, it’s clear some just don’t like the coverage they’re getting in the press. #utpol #utleg https://t.co/5wvP2hgjxR
— Better Utah (@betterutah) February 14, 2022
Sen. Curt Bramble, R-Provo, hinted that members of the media wanted full access to the Capitol and lawmakers, including private offices and restrooms.
“We were told at committee … because we are public servants, the public has a right to know. Neither we nor any voter have the right to privacy in non-public areas of the Capitol,” he said. “Now I support this bill and reject it as an untenable and unacceptable approach.”
While some say the rule would have a somewhat minor impact on journalists, opponents of the resolution were concerned about the legislature’s optics codifying such a rule.
“We have the right to make it a rule. … The only thing is that the optics of it all are really poor, because it looks like we’re trying to exclude the media. We try to exclude the public,” said Sen. Gene Davis, D-Salt Lake City.
If individual presidents or senators can grant access based on subjective, unwritten rules or preferences, it could open the door for lawmakers to limit access to journalists they don’t like, argued the Senator Kathleen Riebe, D-Cottonwood Heights.
“I just want to make sure that we actually have an objective process throughout the discussion,” she said. “And is there some kind of criteria that we can create so that it’s always an objective process?”
As a Senate resolution, SR1 does not need House or Governor approval. The Senate will likely take a final vote later this week.
