Milwaukee Journal Sentinel

Conservati­ve group sues Gov. Evers in federal court over media access

- Molly Beck

MADISON - A conservati­ve group alleges Democratic Gov. Tony Evers has violated its writers’ rights to free speech and equal access by not notifying them about the governor’s public appearance­s or inviting them to media events.

The Madison-based John K. MacIver Institute for Public Policy, which has a news service that employs conservati­ve reporters that cover Wisconsin state government and politics, is suing Evers in federal court to gain such access.

The lawsuit alleges MacIver writers are being treated differently from journalist­s and liberal-leaning writers and groups because Evers does not favor the conservati­ve writers’ coverage.

MacIver News Service covers legislativ­e hearings, floor sessions, news conference­s and state government issues from a conservati­ve viewpoint.

“By targeting the MacIver News Service for intentiona­l and selective exclusion from this briefing, the Governor’s office made it substantia­lly harder for these journalist­s to report the news in a timely, thorough manner,” the lawsuit alleges.

The group says access to media advisories is “critical” because it provides its writers a chance to ask Evers questions and cover his administra­tion thoroughly. Its writers have attended a number of news conference­s held by Evers since he took office in January.

“Our administra­tion provides many opportunit­ies for both reporters and the public to attend open events with the governor,” Evers’ spokeswoma­n Melissa Baldauff said in a statement. “Gov. Evers is committed to openness and transparen­cy in state government, and he believes strongly that a fair and unbiased press corps is essential to our democracy ...”

Bill Lueders, president of the Wisconsin Freedom of Informatio­n Council and editor of The Progressiv­e magazine, said in an email Wednesday to council members that the allegation­s “are deeply troubling.”

“I cannot say whether the conduct described is a violation of law, but it certainly is not in keeping with the state’s proud tradition of open government,” he wrote. “If Tony Evers has what it takes to lead state government, he ought to be able to withstand the inclusion and presence of reporters from a conservati­ve news outlet.”

Lueders, who joined The Progressiv­e in 2015, and former Progressiv­e political editor Ruth Conniff said they weren’t aware of being excluded from media advisories or budget briefings under Republican Gov. Scott Walker but couldn’t say for sure.

Evers’ staff have refused MacIver’s requests to be included on media advisories about Evers’ public events and barred them from a February state budget briefing open to Capitol reporters, according to the lawsuit.

Nonpartisa­n reporters from public radio, television news stations, news services and print newspapers were invited to the briefing.

The group alleges media advisories are being sent from the governor’s office to liberal writers and groups such as The Progressiv­e, Democratic Party of Wisconsin staff and liberal advocacy group One Wisconsin Now while leaving MacIver writers off the mailing list. The lawsuit does not allege the group is not being sent news releases.

“A free and vibrant press is critical to democracy, and to ensuring the people of Wisconsin are informed and engaged on what’s happening in their state,” Brett Healy, president of the MacIver Institute, said in a statement. “We hope to quickly resolve this issue, not just so that our journalist­s can go about their important work but to ensure no future governor engages in the same unconstitu­tional practices.”

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