Judge Extends Order Blocking Trump Administration from Banning Reporters

A federal judge has extended an order that prevents the Trump administration from banning reporters for CNN, MS NOW, and Politico from the White House. The ruling on Tuesday represents a significant development for the news organizations in their ongoing legal challenge against the president.

U.S. District Judge Timothy Kelly found that the media organizations are likely to succeed in their claims regarding constitutional free speech and due process. Kelly, who was appointed by President Trump, had previously issued a temporary order requiring the White House to restore the reporters' credentials while he considered their case. With that temporary order set to expire, the judge's preliminary injunction will maintain the status quo indefinitely as the legal proceedings continue.

In his late-night order, Kelly stated that while the decision should not be interpreted as dismissing concerns about media accuracy or the government's ability to protect national security, he agreed with the plaintiffs that the administration's national security arguments were not supported and appeared to be asserted after the fact. The judge also noted that without the injunction, the outlets would likely suffer irreparable harm, and that the balance of equities and public interest favored them.

The White House did not immediately respond to requests for comment, nor did the Justice Department, which is representing the administration in the case. Theodore Boutrous Jr., an attorney for the three media organizations, called the ruling a victory, stating that the ban "blatantly and explicitly violated due process and the First Amendment." He added that the court was correct to block the "unconstitutional ban on the free press."

Kelly indicated that the White House provided no warning to the plaintiffs before President Trump announced the bans in a September 18 social media post, which criticized their reporting as "fake news." The judge emphasized that the ban's impact extends beyond individual reporters, potentially restricting their ability to access the White House press area, observe events firsthand, and engage with government officials. The "hard pass" credentials allow journalists who regularly cover the White House long-term access to the campus without prior permission.

Attorneys for the news outlets have described the ban as "unprecedented and blatantly unconstitutional" under the First and Fifth Amendments, arguing that it is illegal to punish journalists based on the content of their reporting. They also warned that such a ban could set a precedent for other news organizations that engage in reporting the president deems unfavorable.

Government lawyers had argued that access to the White House is a privilege, not a right, and that the president has the authority to impose such bans to protect national security and combat misinformation. They cited historical precedent where presidential administrations have varied in deciding which journalists receive privileged access.

The bans affected a total of 78 reporters across CNN, MS NOW, and Politico. The news outlets jointly filed their lawsuit in Washington, D.C., after the initial temporary block was put in place on September 24.