Federal Judge Blocks Trump Administration Ban on Three News Outlets
The preliminary injunction guarantees White House access for dozens of barred reporters while their constitutional challenge proceeds in court.
A federal judge blocked the Trump administration Tuesday night from barring journalists from three news organizations from White House grounds. U.S. District Judge Timothy J. Kelly granted a preliminary injunction in Washington for CNN, MS NOW and Politico.
The order extends access for the news organizations while their lawsuit proceeds. Kelly wrote in a 26-page decision that the outlets are likely to succeed on their First and Fifth Amendment claims.
The White House had revoked credentials for 78 reporters across the three organizations. Kelly initially issued a temporary restraining order on Sept. 24, which he extended to prepare the longer-term injunction.
Trump appointed Kelly to the federal bench in 2017. In 2018, Kelly also ruled against the first Trump administration when it revoked the press pass of CNN reporter Jim Acosta.
Kelly wrote that revoking passes would deter reasonable reporters from publishing stories the administration dislikes. He also wrote that the administration presented national security concerns as unsupported afterthoughts.
However, the judge noted the ruling does not mean the president holds unfounded concerns about media fairness. He added that the executive branch maintains the power to protect classified material.
Theodore J. Boutrous Jr., an attorney representing the media organizations, argued the ban was unconstitutional viewpoint discrimination. Boutrous said the president sought to punish coverage he opposed and coerce reporters.
Justice Department attorney Michael Velchik argued that White House access is a privilege rather than a legal right. Velchik said the news organizations violated professional standards by publishing verifiable falsehoods and sensitive information.
Trump announced the ban on Sept. 18 on Truth Social, prompting the outlets to file suit on Sept. 21. Trump stated online that the organizations publish lies about his administration and should not be allowed to do so.
Media advocacy groups, including the Knight First Amendment Institute at Columbia University, filed briefs supporting the outlets. White House press operations director Micah Stopperich returned badges on Sept. 24 after security officers initially turned journalists away.
The administration has maintained separate restrictions against the outlets despite the rulings. Officials excluded CNN and Politico from Air Force One press pool rotations.
The injunction protects journalist access until a final judgment is reached in District Court. Trump said the Justice Department will appeal the order to the federal appeals court in Washington.
