Amicus Brief in Utah Political Watch, et. al. v. Alexa Musselman, et. al

The state capitol—also known as the "People's House"—is where democracy happens, especially during the legislative session, where hundreds of bills are passed in the short span of 45 days. Today, independent journalists are increasingly important as they democratize news and provide critical information that Utahns need.

For the 2025 legislative session, the State denied Brian Schott, an independent journalist, a press pass at the Utah State Capitol, despite his long history of covering the Utah Legislature. Mr. Schott sued, arguing that the press's pass denial and policy violated his First Amendment rights.

After the District Court dismissed his claims, he filed an appeal to the Tenth Circuit Court of Appeals, where we filed an amicus curiae brief, or “a friend of the court” brief, in support of Mr. Schott’s First Amendment rights. In our brief, we discussed how the First Amendment protects the freedom of all press, not just the freedom of the government's preferred press. It is not the government's place to discriminate against the people's press in the People's House.

On June 30, 2026, the Tenth Circuit Court of Appeals agreed that Schott’s First Amendment claim should not have been dismissed, sending the case back to proceed in the District Court.