A federal judge has ordered US President Donald Trump to restore White House press access to journalists from CNN, MS NOW and Politico, ruling that the ban imposed on the three outlets was likely unconstitutional.
The decision represents a significant defeat for Mr Trump in one of his most consequential clashes with the news media. US District Judge Tim Kelly issued the order in a lawsuit brought by the organisations, which challenged a ban announced by the Republican president on 18 September.
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Judge Kelly directed the administration to reinstate the outlets’ press passes immediately and barred officials from enforcing the ban for 14 days. He also rejected the White House’s claim that national security concerns justified the decision.
“The record lacks factual support for defendants’ contention that the revocation of plaintiffs’ hard passes will in fact protect national security or that national security will be endangered if the court orders their passes reinstated while this litigation proceeds,” he said. The judge noted that Mr Trump had attributed the ban to the outlets’ alleged “lack of truthfulness and negativity” in their reporting.
The three media organisations filed suit against Mr Trump and other administration officials in federal court in Washington on Monday. They argued that the ban breached the First Amendment’s protections for free speech and a free press, while also violating their right to due process.
The outlets sought a temporary restraining order that would return their White House access while the broader legal challenge moves forward.
A poster seen near the Press Briefing Room of the White House
The courtroom fight comes only weeks before the 3 November midterm elections, when Mr Trump’s fellow Republicans are seeking to preserve their control of Congress.
The president’s approval ratings have fallen to record lows in opinion polls as voters express concern about issues including the Iran war and inflation.
Judge Kelly said yesterday that two earlier rulings by the US Court of Appeals for the District of Columbia Circuit established that journalists must receive due process before their White House press passes are withdrawn.
He said the administration appeared not to have offered the affected news organisations a meaningful chance to challenge the decision before their access was revoked.
An attorney for the outlets told the court that they were barred without the legally required advance notice or an opportunity to contest the move, describing the action as unprecedented, unreasonable and an especially severe punishment.
A Justice Department lawyer argued that the administration had adequately explained its decision in letters sent to the organisations on Tuesday.
Judge Kelly appeared unconvinced, pointing out that the letters were issued only after the press passes had been revoked and the lawsuit had been filed.
In a legal filing on Tuesday, the Justice Department maintained that entry to the White House is a privilege rather than a guaranteed right, and argued that the president has authority to suspend access for news organisations.
A coalition of press freedom groups and dozens of media organisations submitted a brief yesterday backing the three outlets.
They argued that “stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence.”
The filing was signed by the Reporters Committee for Freedom of the Press, Reuters, the Washington Post and Fox News, among others.
