A federal judge on Thursday ordered President Donald Trump’s administration to restore White House access for journalists from CNN, MS NOW and Politico, ruling that the administration’s ban on the three outlets was likely unconstitutional.
The decision by U.S. District Judge Timothy Kelly came less than a week after Trump announced that the three news organizations would no longer be allowed on White House grounds.
The Ban Began September 18
Trump announced the ban on September 18, accusing CNN, MS NOW and Politico of repeatedly publishing what he described as “fake news.” The following day, journalists from all three organizations were denied entry to the White House after their press credentials were deactivated.
The affected outlets argued that the government was excluding them because of the content and tone of their reporting.
CNN, MS NOW and Politico then filed a joint lawsuit, saying the action violated the First Amendment and amounted to unconstitutional viewpoint discrimination.
Judge Questions White House Justification
During an emergency hearing on Wednesday, Judge Kelly questioned whether the administration had provided the journalists with adequate due process before revoking their access.
The Justice Department argued that White House access is a privilege rather than a right and cited national-security concerns connected to some of the outlets’ reporting. The news organizations countered that those arguments did not justify excluding entire media organizations from White House grounds because the administration disliked their coverage.
Kelly did not issue a ruling immediately after the hearing, but said he would decide the matter as quickly as possible.
On Thursday, he ordered the administration to restore the journalists’ access while the lawsuit continues. Reuters reported that Kelly found the ban likely unconstitutional.
A Trump-Appointed Judge
The ruling is notable because Kelly was nominated to the federal bench by Trump in 2017.
He has also dealt with a similar White House press-access dispute before. In 2018, Kelly ordered the Trump administration to restore CNN correspondent Jim Acosta’s press credential after the White House revoked it following a confrontation during a press conference.
The current dispute is broader because it concerns access for entire news organizations rather than one individual reporter.
Other News Organizations Responded
The ban also triggered a coordinated response from other major media organizations.
When CNN lost its scheduled position in the White House television pool during Trump’s trip to the United Nations, other major television networks declined to replace it. The pool system allows a small rotating group of journalists to cover presidential events when space is limited and distribute their reporting to the wider press corps.
CNN, MS NOW and Politico continued covering Trump outside the White House, including at the United Nations, where they were able to use UN-issued press credentials.
The Case Is Not Over
Thursday’s order does not end the lawsuit.
It restores access while the constitutional challenge continues, and the administration could seek further review or appeal.
The larger legal question is whether a president can deny White House access to established news organizations because of reporting the administration considers hostile, inaccurate or harmful.
The news organizations argue that allowing such exclusions would give a president the power to reward favorable reporting and punish critical coverage. The administration has argued that the president has broad authority to control physical access to the White House, particularly when national-security concerns are invoked.
For now, however, CNN, MS NOW and Politico have won the first major round of the case: their journalists must once again be allowed access to the White House while the broader First Amendment dispute proceeds.
Sources: Reuters; Associated Press; federal court proceedings in CNN, MS NOW and Politico’s challenge to the White House access ban.
By Aziza Smailovic
[…] U.S. District Judge Timothy Kelly issued a 14-day temporary restraining order early Thursday directing the White House to “immediately return, reinstate, and restore” press credentials for the three news organizations. […]
[…] U.S. District Judge Timothy Kelly issued a temporary order early Thursday requiring the administration to reinstate the outlets’ press credentials, finding that the journalists were likely to succeed in their challenge and that the earlier revocation had occurred without constitutionally adequate due process. […]