TRUMP’S MEDIA BAN BLOCKED: Judge Appointed by President Rules White House Cannot Bar CNN, Politico and MS NOW Reporters
A federal judge appointed by President Donald Trump has ordered the White House to continue allowing journalists from CNN, Politico and MS NOW to enter the presidential complex, ruling that the administration likely violated constitutional protections when it barred the three news organizations over their coverage of the president.
U.S. District Judge Timothy Kelly issued a preliminary injunction Tuesday night, October 13, extending an earlier emergency order that had temporarily restored the reporters’ White House credentials. The latest ruling allows journalists from the three organizations to retain access while their lawsuit against the administration proceeds, potentially for months or longer.
Kelly, whom Trump appointed to the federal bench in 2017, concluded that the news organizations were likely to succeed in their claims that the administration violated their First Amendment rights and denied them due process under the Fifth Amendment.
The dispute began September 18, when Trump announced on Truth Social that CNN, MS NOW and Politico would no longer be permitted to operate inside the White House because of what he described as their consistently inaccurate and hostile reporting.
The president accused the outlets of spreading misinformation and declared that they “shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States.”
The following day, journalists from the three organizations who attempted to enter the White House were turned away by Secret Service personnel, and their press credentials were revoked.
The restrictions affected approximately 78 journalists who held permanent White House credentials, commonly known as hard passes, allowing them to enter the complex without obtaining daily authorization.
The three organizations filed a federal lawsuit September 21, arguing that the president had improperly retaliated against them because of their reporting and had revoked their credentials without providing advance notice or an opportunity to contest the decision.
On September 24, Kelly issued a temporary restraining order directing the administration to restore their credentials. That order was scheduled to expire Tuesday, prompting the news organizations to seek longer-lasting protection.
In his latest 26-page ruling, Kelly concluded that the White House had failed to establish an adequate legal basis for removing the journalists.
The judge emphasized that the president’s own public statements appeared to undermine the Justice Department’s argument that the restrictions were necessary to protect national security.
Government attorneys had maintained that the news organizations published material that threatened national security, including reporting involving American missile stockpiles and other sensitive government matters.
They also argued that access to the White House is a privilege rather than an absolute constitutional right and that the president has broad authority to determine which journalists may enter the complex.
The judge, however, found that the administration’s explanations were difficult to reconcile with Trump’s repeated public statements criticizing the outlets for unfavorable coverage.
“President Trump’s own comments suggest that he intended the revocation of Plaintiffs’ hard passes to alter their reporting on him, bolstering the case that his action here is sufficient to deter a reporter of ordinary firmness from reporting in the same way she had before,” Kelly wrote.
The judge also found that the White House had failed to provide the news organizations with sufficient warning before taking action against their credentials.
Although the administration subsequently sent letters explaining its objections to the outlets’ reporting, those communications came after the journalists had already been excluded from the White House.
Kelly determined that the lack of advance notice and a meaningful opportunity to respond likely violated constitutional due process requirements.
The ruling also addressed whether the administration had engaged in unconstitutional discrimination based on the viewpoints expressed by the three organizations.
Kelly found that the plaintiffs had demonstrated a likelihood of success on their First Amendment claims, concluding that the president’s statements suggested an effort to influence how the outlets covered his administration.
Nevertheless, the judge stressed that his decision should not be interpreted as a determination that the president’s criticism of the media was unjustified.
“Still,” Kelly wrote, “no one should interpret the Court’s decision to suggest that President Trump’s concerns about accuracy and fairness in the media’s reporting are unfounded, or that the government is powerless when its true aim is to protect national security when classified information is unlawfully disclosed.”
The distinction is significant because the court did not rule that journalists have an unrestricted right to enter the White House or that the administration cannot impose legitimate security requirements.
Rather, Kelly concluded that the government cannot revoke previously granted press credentials in a manner that likely violates constitutional protections.
The ruling represents another setback for the administration in its continuing legal disputes with major news organizations.
During an October 8 hearing, attorneys for the three outlets argued that Trump’s own remarks demonstrated that the restrictions were intended to pressure journalists into providing more favorable coverage.
“Here we have the unusual situation where the president himself has said he wants to chill speech. He wants to coerce better coverage,” attorney Theodore Boutrous told the court.
Justice Department attorney Michael Velchik defended the administration’s actions, arguing that the three organizations had engaged in conduct warranting the restrictions.
“CNN, MS NOW and Politico engaged in apparently indefensible conduct,” Velchik said.
Following Tuesday’s decision, Boutrous welcomed the injunction and accused the administration of attempting to punish journalists for reporting the president disliked.
“When the President issued his ‘ban on the free press,’ he blatantly and explicitly violated due process and the First Amendment,” Boutrous said.
He added that the administration’s actions had caused serious harm to the news organizations and the public.
“The harm this ban did to our clients, the First Amendment, and the public as a whole is profound,” he said.
The preliminary injunction does not necessarily resolve separate disputes concerning access to more restricted areas or activities, including the Oval Office and Air Force One.
Despite the earlier court order restoring their White House credentials, journalists from CNN and Politico have reportedly continued to face restrictions on certain presidential press-pool assignments, including flights aboard Air Force One.
The administration has maintained that participation in such assignments is distinct from ordinary access to the White House grounds.
Those questions could become the subject of further litigation as the case continues.
Trump previously indicated that the administration would appeal an unfavorable ruling, although no final judgment has yet been issued in the case.
Kelly’s injunction will remain in effect while the lawsuit proceeds unless it is modified or overturned by a higher court.
