Two Republican governors have now enacted new state voting measures into law during closed door or press excluded signings, and by doing so — some experts believe — at least one of those politicians may have violated the First Amendment.
On Thursday, Florida Republican Gov. Ron DeSantis signed the Sunshine State’s new voting reform bill into law, but instead of inviting state and national media to watch the event, “reporters and television crews that showed up to cover the signing were turned away by the governor’s staff,” the Tampa Bay Times reported.
That is except for Fox News’ morning program “Fox & Friends,” which broadcast the governor’s signing live to the network’s conservative audience.
- “The law leaves no question as to the impropriety of banning certain media while allowing only friendly media,” said Pamela Marsh, First Amendment Foundation executive director and former U.S. attorney, reported the Tampa Bay Times. “That is viewpoint and content discrimination.”
- University of Florida law school professor Clay Calvert told the Tampa Bay Times that DeSantis’ bill signing was a “public preceding,” meaning the governor should not be able to cherry-pick which media outlets are allowed to cover the bill being enacted.
- “Unless you’re watching Fox, you’re going to be denied access to information,” said Calvert, who is also the director of University of Florida’s First Amendment Project. “That’s troubling regardless of the First Amendment issues.”
In the past, federal judges have ruled against mayors who limited journalists’ access from press conferences or had stopped communicating with particular news stations in a city.
- In one example from the 1980s, a federal court ruled on behalf of a newspaper that’d been excluded from a Louisiana mayor’s press conference, calling the mayor’s decision “the essence of censorship forbidden by the First Amendment and so abhorred by the founding fathers,” according to the Tampa Bay Times.
The Peach State’s closed door signing
In late March, Georgia became the first state to pass sweeping voting reform measures after the 2020 elections cycle. Republican Gov. Brian Kemp signed the new legislation into law from behind closed doors moments after a GOP majority shepherded the bill to Kemp’s desk.
During that March 25 signing, Atlanta Democrat Rep. Park Cannon was arrested by Georgia State Patrol officers for knocking on Kemp’s office door, Atlanta’s Fox 5 reported.
- The representative “wanted to see Kemp sign the law that places new restrictions on voting by mail and gives lawmakers more power to oversee election.” reported Fox 5.
- Fulton County District Attorney Fani Willis later said Cannon would not be prosecuted, Fox 5 reported.