A petition filed by a New York City agency in an effort to revoke press credentials it had earlier issued to an individual [Respondent] was denied by New York City Office of Administrative Trials and Hearing [OATH] Administrative Law Judge [ALJ] Jonathan Fogel, "in a case of first impression".
Judge Fogel dismissed the petition filed by the New York City Mayor’s Office of Media and Entertainment [Petitioner] seeking to revoke a press credential it had previously issued to Respondent.
Petitioner alleged that Respondent was not acting in a newsgathering capacity and Respondent misused or misrepresented his credential when he wore it to his own court proceedings and protests.
The ALJ found that Petitioner failed to prove both charges by clear and convincing evidence.
With respect to the court proceedings, the Administrative Law Judge held that Petitioner’s video evidence of Respondent wearing his credential outside the courthouse, discussing his case, and stating that he wore his badge with “no issues,” was insufficient to establish that Respondent actually wore the credential inside the proceedings or to influence the judge.
The ALJ opined that Respondent plausibly asserted that he was newsgathering when he wore the credential outside the courthouse because he was reporting on his own court case.
Respondent also produced proof that Petitioner had approved his newsgathering methods in connection with his application.
Addressing "the protests," the ALJ found that video evidence supported Respondent’s assertion that he was newsgathering because he appeared to be broadcasting his commentary during the protests and answering questions from an online audience.
Rejecting Petitioner’s argument that Respondent wasn’t newsgathering because he wasn’t “neutral,” the ALJ found that it is possible for someone to both attend a protest and engage in newsgathering.
Click HERE to access Administrative Law Judge Fogel's findings and decision.