From Business Insider · Josh Gerstein, Kyle Cheney · · 2m
Three news outlets sue Trump over White House ban
POLITICO, CNN and MSNOW filed a federal lawsuit Monday after their journalists were locked out of the White House and had credentials confiscated.
In brief
POLITICO, CNN and MSNOW filed a federal lawsuit Monday after their journalists were locked out of the White House and had credentials confiscated. Three major news organizations sued President Trump Monday over a weekend ban that locked their journalists out of the White House, calling it a First Amendment violation…
Three outlets locked out
POLITICO, CNN and MSNOW had their journalists denied entry to the White House complex on Saturday and their credentials confiscated by the Secret Service.
Trump announced the ban Friday
President Trump posted on Truth Social Friday that he was banning reporters for the three outlets effective immediately, complaining about constant reporting of what he called fake news, fiction and lies.
Trump's explanation was vague
During an Oval Office photo op Friday, Trump offered few specifics beyond saying it was cumulative stories over years. He said the outlets are smart people but purposely write negative news.
“It's really just cumulative stories over the last few years. You get sick of it. They're smart people, but they purposely write negative news.”
Lawsuit filed Monday
POLITICO, CNN and MSNOW announced Monday they are filing a federal lawsuit in the U.S. District Court in Washington, represented by Theodore Boutrous Jr. of law firm Gibson Dunn.
Defendants named in suit
The news organizations are suing President Trump, chief of staff Susie Wiles, White House Communications Director Steven Cheung and Secret Service Director Sean Curran.
Constitutional violations alleged
The suit argues the ban violates the Fifth Amendment by revoking access without notice or due process, and violates the First Amendment by retaliating against the content of their reporting.
Broader chilling effect feared
The news organizations contend the ban is already severely impeding their ability to report on the Trump White House and could cause other outlets to self-censor if the president deems their coverage insufficiently favorable.
Courts have limited Trump before
In 2018, a judge ordered the White House to restore CNN correspondent Jim Acosta's credential, citing a murky suspension process. In 2019, a judge similarly ordered the return of freelance journalist Brian Karem's credential.
Appeals court sided with Trump
Last year, a D.C. Circuit panel ruled that restricted presidential spaces like the Oval Office and Air Force One are not First Amendment forums, allowing Trump to ban the Associated Press from those areas.
“These restricted presidential spaces are not First Amendment fora opened for private speech and discussion. The White House therefore retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted.”
The key point
Three major news organizations sued President Trump Monday over a weekend ban that locked their journalists out of the White House, calling it a First Amendment violation.
