by Dawaune Hayes

On Monday, April 19, after proclaiming Rodeo Week and riding a horse around the governor’s mansion three times, Nebraska Governor Pete Ricketts took questions from the media. With horse trailers as a backdrop, reporters inquired about his office's new media credentialing application and the letter from Media of Nebraska challenging its validity and constitutionality.

“I encourage everybody to fill out the application and with regard to the process I recommend you take it up with Taylor Gage,” said Ricketts, referring to his director of strategic communications and calling the application a “process improvement.” When asked about specific criteria, the governor deferred to the application and said approval would be given based on its contents.

The credential application was revealed one day after the Omaha World-Herald and Lincoln Journal Star published statements in support of NOISE, affirming the organization as a legitimate news publication, following NOISE being denied access to a press briefing held by the governor in March. The refusal came after several months of emailing questions and inquiring about the credentialing process which was met with silence from Gage.

“Due to operational limits and for security reasons, the Governor’s Office credentials media. When credentialing media, the Governor’s Office does so based on the neutral criteria outlined below. Media outlets may submit the following application to receive a credential to attend press conferences that are open to “credentialed media” at the State Capitol and other locations,” reads the application.

The document then clarifies “The information provided in this application will help give a picture of the applicant and the applicant’s outlet’s work. No single factor is necessarily qualifying or disqualifying.”

The application asks about outlet revenue, inquires about a journalist's personal affiliations, requires a notarized letter, and indicates additional review based upon subjective qualities such as “bonafide journalist of repute.” (See the application)

Media of Nebraska Inc., whose members include two of Nebraska’s largest media associations, sent a letter to the governor and Gage to object to the credentialing process and decry the application as “troubling” as it appears to give the governor’s office the authority to determine which media outlets have access and which will not.

The First Amendment requires that credentialing systems utilize “narrow and specific standards which advance a compelling state interest.” Criteria are the ideals or requirements on which a judgment, evaluation, or selection is based. Since no single factor or factors would determine qualification, there appear to be no criteria.

The previous week Ricketts had declared Nebraska a “sanctuary state of the Second Amendment” in response to President Biden’s administration recommending restrictions on certain firearms after multiple mass shootings across the country.

NOISE attended the Rodeo Week press announcement and was not asked for credentials or turned away.

Dawaune Hayes asked if the governor had any plans to make proclamations in support of the First Amendment. The governor said, “If the Biden administration starts threatening the First Amendment like they are threatening the Second Amendment, we will probably do something along those lines as well.”

Emily Chen-Newton asked whether the governor agreed with the Legislature’s investigation into Saint Francis Ministries. This comes after at least six children have been removed from their care due to concerns with management and safety.

“We absolutely will work with the legislature,” said the governor, and stated it was the legislature’s prerogative to guide the investigation.

Media of Nebraska recommended that none of their members complete the application for credentials. Although NOISE is not a member, the organization stands in support.

To date, groups such as the ACLU of Nebraska, the Reporters Committee for Freedom of the Press, the Institute for Nonprofit News, and Media of Nebraska have all expressed concern about the possible chilling effect this application could have raising First Amendment red flags.

There are no more scheduled press conferences the week of April 19 and it is unknown when or how the credentialing application will be enforced.

Governor Ricketts Responds to Media during Rodeo Week

by Dawaune Hayes