Project of The Sunlight Foundation    
The Open House Project from The Sunlight Foundation

8. Citizen Journalism Access

Accommodating the Developing World of Citizen Journalism

Recommendation Summary

The House should create an Online Media Gallery to oversee the credentialing process for news Web sites, citizen journalists and bloggers. The gallery would serve as a sister organization to existing congressional press galleries, adapting the rules of those galleries for individuals who operate exclusively on the Internet. The formation of the gallery would allow a committee of peers to establish new rules for Web sites.

Overview

As the Internet has grown in popularity and prominence, bloggers and online journalists have engaged in high-profile clashes with congressional press galleries. Two notable examples are the clashes between WorldNetDaily and the Senate Press Gallery in 2001 and 2002 66 and David Sirota’s conflict in 2007 67 .

As Web sites and blogs have grown to become significant players in the media world, the existing galleries have taken on the responsibility of credentialing these entities and individuals. It has proven to be an unnatural fit, given the rigid rules that are better suited to traditional media outlets that to those operating on the Internet.

Just as the existing galleries are overseen by a committee of correspondents—peers of those who belong to the gallery—so should the Online Media Gallery be overseen by a committee of peers. This committee would be responsible for establishing the gallery’s rules for membership, and subsequently, the credentialing process for news Web sites, citizen journalists and bloggers.

Background on Journalists’ Access to Congress

Established in the rules of the U.S. House of Representatives (clause 2 of Rule 6) 68 are three media galleries, which oversee the membership, rules and standards for journalists covering Congress. The Standing Committee of Correspondents for the Press Gallery, the Executive Committee of Correspondents for the Periodical Press Gallery and the Executive Committee of the Radio–Television Correspondents’ Gallery were created by the speaker of the House and the Rules Committee to credential and monitor the hundreds of reporters and photographers who gather news in the Capitol.

66 David Kupelian, “WND denied congressional pass,” WorldNetDaily, February 13, 2002, at http://www.wnd.com/news/article.asp?ARTICLE_ID=26441
67 David Sirota, “Capitol Hill Junior High School, Or How the Media Kool Kidz Try to Bar Access to Your Government,” Sirota Blog, February 12, 2007, at http://davidsirota.com/index.php/2007/02/12/capitol-hill-junior-high-school-or-how-the-media-bars-access-to-your-government/
68 Karen L. Haas, “Rules of the House of Representatives,� Clerk of the House of Representatives, January 24, 2007, at http://www.rules.house.gov/ruleprec/110th.pdf

The oldest gallery, the House Press Gallery, has been under the stewardship of the Standing Committee of Correspondents since 1879. It is responsible for approving applications for membership and enforcing rules for newspaper reporters. Its sister galleries function in much the same way. The Periodical Press Gallery oversees magazine, newsletter and online reporters, and the Radio–Television Correspondents’ Gallery caters to broadcast news organizations. (The Senate has three corresponding galleries, plus a Press Photographers’ Gallery.)

The role of each media gallery is to establish rules and standards for correspondents who are credentialed to cover Congress. While the rules of each gallery may differ slightly, the overarching requirement for membership is that the news organizations must cover Congress on a daily or otherwise regular basis. Each gallery has a staff of between three and six full-time employees and has office space in the U.S. Capitol in which journalists can work. Once a journalist is admitted into one gallery, he or she can enter another to gather news. (Such is often the case with the TV studio in the Radio–TV Correspondents’ Gallery, where members of Congress often hold press conferences.)

In the mid1990s, as Internet-based publications grew in popularity and prominence, the galleries altered their rules and began to include such outfits. At the time, the Periodical Press Gallery was considered the best fit because many Web sites didn’t publish daily (as do members of the Press Gallery) or broadcast audio or video (as does the Radio–Television Gallery). However, exceptions have been made. For example, WorldNetDaily, after a high-profile fight and a lawsuit 69 against the Senate Daily Press Gallery, secured admission to that gallery. Cybercast News Service, an Internet news wire, belongs to the Radio–TV Gallery. Meanwhile, Salon and Slate are both members of the Periodical Press Gallery.

The rules for membership 70 are strict—and were crafted that way to ensure that only journalists who are “principally engaged in the gathering and reporting of news� and are independent from outside interests can become members. The House Periodical Press Gallery’s Web site states, “There are five rules and six regulations that govern the Periodical Press Galleries. Journalists must meet all criteria of the rules and operated within the regulations for admission into the gallery.�

The first rule states that applicants “…will not act as an agent in the prosecution of claims, and will not become engaged or assist, directly or indirectly, in any lobbying, promotion, advertising, or publicity activity intended to influence legislation or any other action of Congress, nor any matter before any independent agency, or any department or other instrumentality of the Executive branch; and that they will not act as an agent for, or be employed by the Federal, or any State, local or foreign government or representatives thereof….�

69 “WND to sue Press Gallery,” WorldNetDaily, September 3, 2002, at http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=28807
70 “Rules and Regulations,” House Periodical Press Gallery, at http://periodical.house.gov/rules.shtml

Another rule stipulates that applicants must work for periodicals that are “owned and operated independently of any government, industry, institution, association, or lobbying organization. Applicants must also be employed by a periodical that is published for profit and is supported chiefly by advertising or by subscription….�

These rules are administered by the Executive Committee of Correspondents for the Periodical Press Gallery, a group of journalists from media companies that include Business Week, Tax Notes, National Journal, Roll Call, Time, U.S. News & World Report, and BNA News. This seven-member committee, which is elected by its peers at the start of each Congress, is responsible for admitting organizations to the Periodical Press Gallery. 71

No citizen journalist or blogger has ever been rejected by the Periodical Press Gallery. Several applicants have failed to finish the necessary paperwork for membership—a process that can take between six months and one year. Just one application from a blogger is currently pending.

Recommendation and Benefits for Transparency

The Periodical Press Gallery should be commended for recognizing the importance of online media and overseeing the credentialing process for applicants. However, given its history of dealing primarily with magazines and newsletters, the gallery’s rules are not for well suited to news Web sites, citizen journalists or bloggers.

Therefore, it is our recommendation that the speaker of the House and the Rules Committee create an Online Media Gallery, which would be responsible for establishing rules that are pertinent and applicable to its members. While we will not suggest specific reforms in this report, we feel that the current Periodical Press Gallery rules are too restrictive, given the differences between a citizen journalist and a major news organization. One hurdle currently facing bloggers in the application process is that they must provide daily coverage of Congress—a requirement that would be burdensome for any one-person operation. The rule banning from the gallery those who work for nonprofits also severely limits the number of bloggers who could currently be considered.

The Online Media Gallery would also correct what we view as a major obstacle that exists at the Periodical Press Gallery: the Executive Committee of Correspondents does not include a single member from an online media outlet. The new gallery would be governed by a committee of the applicants’ peers, who understand the dynamics of online media and blogging. This group would be elected at the start of each Congress.

The Online Media Gallery would also alleviate the current problem with access to lawmakers. At present, bloggers seeking to gain access to events in the U.S. Capitol must secure approval from a congressional office, severely limiting the number of bloggers invited to press conferences or other events that take place there. Allowing members’ offices, rather than an impartial committee, to control the credentialing process permits members of Congress to discriminate against those whom they would like to exclude.

71 “New Applicant Instructions,” House Periodical Press Gallery, at http://periodical.house.gov/app- new.shtml

Given the space and budgetary concerns likely to be raised by the creation of the Online Media Gallery, we propose housing the gallery in temporary space until the completion of the Capitol Visitors Center. This new building will more the double the office space available at the U.S. Capitol and create ample room in which these citizen journalists can work.

Creating the Online Media Gallery would do wonders for transparency and open government. Citizen journalists and bloggers have shown a devotion to covering their representatives and the legislation produced by members of Congress. Whether they are analyzing the numbers in a budget bill or parsing the language of a resolution, these individuals display a resiliency and determination for discovering the truth. Rewarding them with access to the U.S. Capitol would undoubtedly broaden and deepen the knowledge of American citizens about their government.

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