A federal judge ruled Tuesday that CNN, Politico, and MS NOW must be allowed to resume coverage at the White House, reversing a ban imposed by the Trump administration last month. U.S. District Judge Timothy Kelly found that the news outlets are likely to succeed on their First Amendment and due process claims.
In his order, Kelly expressed skepticism about the administration's argument that the ban was necessary to protect national security. "To begin, there is no evidence that President Trump relied on any of the ‘reporting incidents’ that purportedly ‘threatened national security/and or spread falsehoods’ referenced in the September 22 letters when he decided to revoke Plaintiffs’ hard passes, or any direct evidence that national security was even on his mind then," Kelly wrote.
The news outlets had claimed that Trump retaliated against them for their coverage and unlawfully discriminated against them based on their viewpoints. They also argued that Trump did not provide them with sufficient due process before implementing the ban.
Trump abruptly issued the ban in September, accusing the outlets of publishing "fake news." At the time, he cited "cumulative stories over the last few years" as the reason for the decision, without specifying particular reports or issues.
During court proceedings, lawyers for the Trump administration contended that the ban was due to "national security" concerns, citing reports about the president's ballroom and issues related to Iran and depleted ammunition levels. However, in his temporary restraining order on September 24, Kelly stated he found "nothing in the record" to support these claims, noting instead that Trump had "focused on the alleged lack of truthfulness and negativity" of the reporting.
While the journalists' press badges were returned shortly after Kelly's initial order, the White House has continued to restrict access at times. On October 5, CNN reported that Politico reporters were denied boarding Air Force One, and a small group of CNN reporters traveling with the president were also denied access.
Lawyers for the news outlets argue that the ban violates the First Amendment. They pointed to the timing of the administration's complaints, which they claim arrived only after the outlets filed their lawsuit, as evidence of Trump's true intent. The government's legal team maintains that access to the White House is a "privilege, not a right," and that the president can deny access "even for viewpoint discriminatory reasons." They further argue that the White House complex is not a "forum" and therefore the administration has no obligation to call on reporters.