Three outlets seek court block

CNN, MS NOW and Politico asked a federal court to block the Trump administration's ban on their White House access, saying the White House continues to enforce it inconsistently despite a judge's restraining order.

Ban began September 19

President Donald Trump abruptly banished the three news outlets from White House grounds this month. The filing came a day after the Trump administration made clear it was not backing down from the ban.

Lawyers call it First Amendment violation

Lawyers for the three outlets wrote that the ban is an unlawful assault on fundamental First Amendment freedoms and will inflict irreparable harm on the plaintiffs and the public if not restrained.

“Because the ban is an unlawful assault on the most fundamental First Amendment freedoms and will inflict irreparable harm on Plaintiffs and the public if not restrained, this Court should preliminarily enjoin its enforcement pending the resolution of this case.”

Temporary order expires October 8

U.S. District Judge Timothy Kelly issued a two-week temporary restraining order last week that restored the outlets' White House access. The preliminary injunction requested Monday would extend access until the case is finally resolved.

Lead attorney calls it retaliation

Theodore J. Boutrous Jr., the lead attorney for the three news outlets, said the ban is a blatant violation of the First Amendment and due process, and that the president continues to make clear the ban punishes reporting he dislikes.

“That's retaliation and viewpoint discrimination, pure and simple.”

White House says access is privilege

Attorney General Todd Blanche said on ABC on Sunday that access to the White House is a privilege, not a right. The administration has made this argument since the ban began.

“When it comes to the White House, it is the people's house. It is a privilege, and not a right, to be there.”

CNN barred from broadcast pool duties

The White House has persisted in unpredictably and inconsistently implementing the ban, including by barring CNN from fulfilling its role as designated television network pooler on September 26. The broadcast pool consists of CNN, ABC, CBS, NBC and Fox News.

Other networks suspend pool in solidarity

When CNN was removed from broadcast pool duties, the other four networks decided to suspend the pool until CNN was allowed back in. On Friday, CNN covered the president with Chinese leader Xi Jinping at the National Archives.

CNN barred from Air Force One

On Saturday, the White House banned CNN from Air Force One, preventing it from covering Trump's trip to a college football game in Tennessee. The rest of the pool declined to provide a replacement, in solidarity with CNN.

Judge skeptical of national security claim

Judge Timothy Kelly threw cold water on the administration's national security argument in his ruling granting the temporary restraining order. Kelly wrote he was skeptical that defendants' interest in safeguarding national security was the actual motivation for removal of access.

“The court is skeptical … that defendants' interest in safeguarding national security is the actual motivation.”

Networks face difficult choices ahead

Networks in the pool have decided to address the ongoing standoff on a case-by-case basis. If CNN is barred from a pool event, the networks will decide together whether to provide a replacement or refrain from coverage based on newsworthiness.

Networks weigh press freedom against coverage

Media outlets face a dilemma: taking a stand for press freedom against intimidation, or providing news to audiences. Legal experts say networks may exert market power and refuse to cooperate, but lengthy White House news blackouts complicate the choice.

“Who's going to back down first?”