10th Circuit Revives Utah Journalist’s Lawsuit Over Denied Press Credentials
The 10th Circuit reinstated a journalist's lawsuit over denied Utah press credentials.
Why it matters: The ruling spotlights crucial First Amendment issues around media access and government transparency, vital for legal advisers on press credential policies and media rights.
- On June 30, 2026, the 10th Circuit reinstated Bryan Schott's lawsuit against Utah legislative officials.
- In November 2024, Utah revised its credential policy to exclude blogs, independents, and freelancers.
- Schott launched independent publication Utah Political Watch after leaving The Salt Lake Tribune in 2024.
- Schott alleges the denial of credentials violates his First Amendment rights.
On June 30, 2026, the U.S. Court of Appeals for the Tenth Circuit reinstated journalist Bryan Schott's lawsuit challenging Utah legislative officials for denying him press credentials. Schott, a veteran political reporter with over 25 years covering Utah politics, launched Utah Political Watch, an independent publication, after departing The Salt Lake Tribune in mid-2024.
In November 2024, the Utah Legislature revised its media credentialing policy to explicitly exclude "blogs, independent media outlets or freelance media." This led to the denial of Schott's application for press credentials for the 2025 legislative session.
Schott filed suit on January 22, 2025, asserting that the denial violated his First Amendment rights to newsgathering and press access. The legal action names legislative officials Alexa Musselman, Andrea Peterson, Abby Osborne, and Mark Thomas, who managed the credentialing process.
Charles Miller, counsel for the Institute for Free Speech representing Schott, said, "Speech restrictions based on the identity of the speaker are all too often a means of controlling content." He emphasized the constitutional protection of independent journalists despite exclusionary credential policies.
In contrast, attorney Daniel Vitagliano representing Utah officials stated, "Nothing was done here to target Mr. Schott. The First Amendment right to newsgathering extends to sources of information that are available to the public generally, and he has access to that." This reflects the officials' stance that denying credentials did not infringe on Schott's access to public information.
The 10th Circuit's reinstatement of the lawsuit highlights ongoing tensions in media law between government transparency and press freedom. It raises significant questions regarding the criteria used to grant or deny media access, particularly for nontraditional and independent news providers.
By the numbers:
- 25+ years — Bryan Schott's experience covering Utah politics
- November 2024 — Utah Legislature revised media credentialing policy
- January 22, 2025 — Schott filed his lawsuit
- June 30, 2026 — 10th Circuit reinstated the lawsuit
Yes, but: Utah officials argue that Schott's First Amendment rights were not violated as he still has access to publicly available information despite lacking official credentials.
What's next: The lawsuit will proceed in court following the 10th Circuit's decision, with further hearings expected to address the constitutional questions raised.