Key facts
- CNN, Politico, and MS NOW are suing the Trump administration over White House press access bans.
- The news outlets cite First Amendment rights in their legal challenge.
- President Donald Trump announced the ban on these outlets.
- US District Judge Timothy Kelly, appointed by Trump, will oversee the lawsuit.
- The outlets' press passes were deactivated without advance notice or opportunity to contest the decision.
CNN, Politico, and MS NOW are suing the Trump administration over the decision to ban them from White House grounds, citing their First Amendment rights. President Donald Trump announced the ban, stating the outlets reported "FAKE NEWS." Legal experts told Reuters that such bans likely violate US prohibitions against viewpoint discrimination by the government, as courts have held that the government cannot condition press access on favorable coverage once a space is opened to the media. The White House stated the outlets are capable of reporting from outside the White House and that "The Fake News has no place demanding a spot in the President’s Oval Office."
In their lawsuit filed in federal court in Washington D.C., the outlets argued the ban was unlawful retaliation for legally protected speech and violated their due process rights. US District Judge Timothy Kelly, who was appointed by Trump, has scheduled a hearing on the outlets' request for a temporary restraining order. The outlets stated their press passes were deactivated without advance notice or opportunity to contest the decision, which they argue violates their Fifth Amendment right to due process. First Amendment lawyer Douglas Mirell noted that disagreeing with an outlet's opinion has never been a compelling reason to restrict access.
This case follows a March ruling where a federal judge blocked the US Defense Department from revoking reporters' press credentials based on seeking unauthorized information, a policy the department said was for national security but which the New York Times argued could be used to ban outlets over unfavorable coverage. The Trump administration is appealing that ruling.