A federal judge has blocked the Trump administration from enforcing its ban on CNN, Politico and MS NOW journalists from White House grounds. The judge ruled that that the news organisations are likely to succeed on constitutional claims challenging the decision.
US District Judge Timothy Kelly, who was appointed by President Donald Trump during his first term, granted a preliminary injunction preventing the administration from restricting the outlets’ White House access while the lawsuit proceeds.
The ruling follows Trump’s September 18 announcement that reporters from the three organisations would no longer be allowed onto White House grounds. The president accused the outlets of publishing what he described as “fake news.”
The following day, journalists attempting to enter the White House found their hard press passes had been deactivated.
The three news organizations sued, arguing that the administration’s actions violated constitutional protections and denied them due process.
Judge Kelly agreed that the plaintiffs had shown a strong likelihood of succeeding on several legal claims.
“The news outlets are likely to succeed not only on their due process claim, but also on their two First Amendment claims,” Kelly wrote in his opinion, according to court documents cited by Deadline.
{{/usCountry}}“The news outlets are likely to succeed not only on their due process claim, but also on their two First Amendment claims,” Kelly wrote in his opinion, according to court documents cited by Deadline.
{{/usCountry}}Court says constitutional protections likely violated
Kelly’s order extends protections previously granted under a temporary restraining order (TRO).
Last month, the judge temporarily halted Trump’s restrictions after concluding the plaintiffs had demonstrated immediate harm. That order required the White House to restore hard passes to dozens of reporters and newsroom staff.
The temporary order expired on Tuesday.
The new preliminary injunction now prevents the White House from enforcing the ban while the case moves toward trial or an appeal.
Although Kelly ruled in favor of the media organizations, he also acknowledged that the government retains authority to act under certain circumstances.
“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,” Kelly wrote, as quoted by Deadline.
Also read: US TV networks to resume Trump coverage after CNN access restored
Press freedom and White House access
The case has become one of the highest-profile legal battles over press access during Trump’s second administration.
CNN, Politico and MS NOW argued that removing their White House credentials based on editorial content amounted to viewpoint discrimination prohibited under the First Amendment. They also contended the administration revoked their credentials without providing notice or an opportunity to challenge the decision.
The White House has maintained that the president has broad discretion over access to government property and has repeatedly criticized coverage from several national news organizations.
The preliminary injunction does not resolve the lawsuit. Instead, it preserves the status quo while the court considers the underlying constitutional issues.
Unless a higher court intervenes, CNN, Politico and MS NOW journalists will continue to retain access to White House grounds during the litigation.