From Slate Magazine · Dahlia Lithwick · · 2m
Trump Bans Press Organizations After Critical Coverage
Trump revokes press passes for CNN, Politico, and MS NOW over critical reporting, sparking legal battle.
In brief
Trump revokes press passes for CNN, Politico, and MS NOW over critical reporting, sparking legal battle. Trump ordered White House press passes revoked for CNN, Politico, and MS NOW due to critical coverage, but a federal judge reinstated them temporarily. Originally reported by Slate Magazine.
Press Ban Announcement
Donald Trump ordered White House press passes revoked from CNN, Politico, and MS NOW after criticizing their reporting on Truth Social.
“They would lose their ability to enter the building because of his feelings about their biased coverage”
Legal Challenge
CNN, Politico, and MS NOW sued after Trump revoked press passes, seeking a federal judge to reinstate them temporarily.
“Judge Timothy Kelly of the D.C. Circuit held an emergency hearing in a lawsuit filed by the news outlets”
Temporary Reinstatement
A federal judge reinstated press passes for 14 days after issuing a temporary restraining order.
“Judge Kelly issued a temporary restraining order to stop the White House ban for 14 days”
First Amendment Argument
The Knight First Amendment Institute argued the White House press corps is a public forum protected by the First Amendment.
“The White House press credential is basically giving you access to a kind of public forum in a metaphysical space”
Public Forum Principle
The court has previously ruled that the White House press corps is a public forum where viewpoint discrimination is unconstitutional.
“The president can’t kick a journalist out of the White House press corps on the basis of viewpoint without violating the First Amendment”
Hard Pass System
1,400 reporters hold hard passes granting access to White House grounds, with no ideological selection required.
“There’s no argument that those people were selected on the basis of their ideology”
Press Pool Restrictions
CNN and other media are part of the White House press pool that accompanies the president on Air Force One and in the Oval Office.
“CNN is a broadcast member of the press pool and provides TV footage to the other members of the press corps”
Legal Precedent
The Knight Institute previously sued Trump in 2017 over blocking critics from his Twitter account, winning a court order to unblock them.
“We alleged that his social media accounts were public forums within the meaning of the First Amendment”
Current Ban Consequences
CNN, Politico, and MS NOW were banned from a state dinner Thursday night and kept off Air Force One on the weekend.
“They were banned from a state dinner Thursday night and CNN was kept off Air Force One on the weekend”
Legal Strategy
The Knight Center and Reporters Committee filed a brief arguing the president lacks authority to expel news organizations based on viewpoint.
“The president has acted on the basis of viewpoint”
Viewpoint Discrimination
The case centers on whether the president can retaliate against news organizations for past reporting without violating the First Amendment.
“The president has taken this action in retaliation for the reporting these news organizations have done in the past”
Public Forum Defense
The White House press corps is a public forum where the government cannot expel journalists based on viewpoint.
“The president can’t kick a journalist out of the White House press corps on the basis of viewpoint without violating the First Amendment”
Legal Outcome
The federal judge reinstated press passes for 14 days, but the ban on state dinners and Air Force One access remains.
“They were reinstated, but those press organizations were banned from a state dinner Thursday night and CNN was kept off Air Force One on the weekend”
The big picture
Trump ordered White House press passes revoked for CNN, Politico, and MS NOW due to critical coverage, but a federal judge reinstated them temporarily.
