Governor Hochul's Veto: When Albany Blocked Press Access
In 2025, after nearly a century of public access to police radio, New York's legislature passed a bill requiring press access to encrypted police communications. Governor Kathy Hochul vetoed it. Her decision represents a significant setback for press freedom in America's largest city—and a cautionary tale about executive branch resistance to transparency measures.
Key Facts at a Glance
The Background: NYPD Goes Dark
Police radio transmissions in New York had been accessible to journalists and members of the public via police scanners since the NYPD began using radios in 1932. For over 90 years, this access enabled:
- Independent verification of police accounts during breaking news
- Real-time coverage of emergencies and public safety events
- Documentation of incidents that later proved significant (including Eric Garner's death)
- Community awareness during active threats
In 2023, the NYPD began a methodical department-wide shift to digitally encrypted radio transmissions. Brooklyn precincts went dark first in summer 2023, followed by other boroughs. The $390 million system represented one of the largest police encryption investments in the country.
The Legislative Response
Facing the loss of press access to police communications, New York legislators introduced a bill to preserve transparency:
What the Bill Would Have Done
- Required law enforcement agencies to provide press access to encrypted communications
- Established a credential verification process for journalists
- Maintained narrow exceptions for sensitive tactical operations
- Applied statewide, covering all New York law enforcement agencies
Legislative Support
The bill passed both chambers of the New York State Legislature, demonstrating bipartisan recognition that press access to police communications serves the public interest. Notably, the New York City Council had previously voted 41-7 in favor of preserving press access—a strong signal that even city officials opposed the NYPD's approach.
The Governor's Veto
Despite legislative support, Governor Kathy Hochul vetoed the bill. Her veto message cited concerns about:
Officer Safety Claims
The Governor cited potential risks to officer safety from scanner access—despite zero documented instances of scanner-related officer harm nationwide.
Operational Security
Concerns about criminals monitoring police communications—a theoretical risk that 100 years of open access has not materialized into documented harm.
Implementation Concerns
Questions about the credential verification process for journalists—a solvable administrative challenge, not a fundamental barrier.
Press Response: "Contradicted by the Bill's Language"
The Deadline Club, the New York chapter of the Society of Professional Journalists, asserted that the governor's veto claims were directly contradicted by the bill's actual language. The bill included narrow exceptions for sensitive operations and a verification process to address the concerns Hochul cited.
The Real-World Impact
The veto's consequences are already being felt on the streets of New York:
EMS Coordination Breakdown
Volunteer EMS workers report losing critical information. EMT Josiah Williams described an incident where "a Crown Heights kid was stabbed in a park, and it came to us as at a baseball field, but then we had to start looking for cops screaming. It turned out they were on a basketball court. With a critical patient, time is everything."
Journalism Hampered
"We have crossed over to the darkness, quite literally, Brooklyn is gone from accountability as it's now fully encrypted. Nobody, besides police, know what's happening on the streets."
Post-9/11 Mandate Undermined
A federal mandate after 9/11 required all first responders to communicate with each other. Encryption breaks this interoperability, with volunteer EMS and other agencies losing access to police information.
Lessons for Other States
New York's experience offers important lessons for transparency advocates in other states:
Executive Branch Resistance
Legislative success alone isn't enough. Governors may veto transparency measures even when legislatures support them. Build executive branch relationships early.
Veto-Proof Margins Matter
If possible, build support for veto override. A bill that passes with simple majorities can be stopped by one person.
Police Union Influence
Police unions have significant political influence with governors. Anticipate this opposition and build counter-coalitions.
Document Real Harms
The EMS coordination breakdown and other real-world impacts provide ammunition for future advocacy. Document everything.
Keep Fighting
A veto isn't the end. The bill can be reintroduced. Public pressure can change calculations. Colorado's law passed after three years of failed attempts.
Path Forward
The fight for press access in New York isn't over. Here's what advocates are doing:
2026 Legislative Session
The bill can be reintroduced in the next session. Advocates are already organizing to build even stronger support.
Veto Override Campaign
If sufficient legislative support exists, the veto could potentially be overridden. This requires mobilizing legislators to return to the issue.
Governor-Focused Advocacy
Direct pressure on the Governor's office through constituent contacts, media coverage, and coalition building.
Documenting Harms
Every incident where encryption causes problems becomes evidence for future advocacy. The EMS story is just the beginning.
Sources
Take Action for Transparency
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