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State Superintendent, OSDE staff accused of violating First Amendment by local TV station

By Colleen Wilson

State Superintendent, OSDE staff accused of violating First Amendment by local TV station

OKLAHOMA CITY (KOKH) -- On Monday, Oklahoma City television station KFOR-TV filed a lawsuit against State Superintendent Ryan Walters and the Press Secretary for the Oklahoma State Department of Education, Dan Isett.

The lawsuit claims reporters' First Amendment rights to perform their vital press functions are being thwarted by Walters and Isett.

The lawsuit says the television outlet is barred from accessing State Board of Education meetings and press conferences the State Superintendent holds after them.

The lawsuit claims KFOR reporters and photojournalists are forced into an "overflow" room at State Board of Education meetings, despite other media gathering in the board room. The lawsuit also says when KFOR reporters attempt to enter the Superintendent's press conferences, Walters and Isett "herd them right back out and tell them 'No', closing the door on them."

According to the lawsuit, the reasoning given by Isett is that KFOR is not a "legitimate" news organization, or that it is "undeserving of the privileges of the press."

This year alone, KFOR reporters have been placed in the overflow room at State Board of Education meetings in March, June, July and August. KFOR has also been barred from Walters' press conferences after those meetings.

In August, a KFOR reporter and photojournalist attempted to approach Walters while Walters and Isett were walking through the hallways of the State Capitol.

According to the lawsuit, when the reporter identified himself, Walters responded, "no, no, no, no," and walked away. At the same time, the lawsuit alleges Isett approached the reporter and put his hands on him without the reporter's consent.

During that incident, while attempting to ask Isett why KFOR had been left out of press conferences, Isett continued to place his hands on the reporter and said, "We're done. You got your answers, you asked three questions, you're good," the lawsuit alleges.

After a board meeting in August, Isett again barred entry to KFOR journalists to the post-board press conference with Walters.

A Tulsa World photojournalist captured the exchange between Isett and the KFOR reporter. Afterward, when the Tulsa World photojournalist asked Isett why KFOR reporters were denied access to the press conference, Isett told him, "I don't think they're a legitimate news organization."

On August 23rd, the Society of Professional Journalists weighed in on the incidents, condemning the State Department of Education's actions.

In response to the SPJ's article, Isett said:

Our office works with hundreds of journalists across the state and around the country to keep the public informed about the success Oklahoma students are seeing under Superintendent Walters. We will not work with tabloids who consistently editorialize and report false information rather than inform the public.

KFOR is seeking a judgement in federal court that will prohibit the State Department of Education from denying the television station access to Board Meetings and press conferences. It also seeks to bar OSDE staff from physically obstructing, touching or impeding reporters when they try to access said meetings.

The television station is also seeking nominal damages in the amount of $17.91.

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