A federal court has ordered the U.S. administration to reopen the White House doors to journalists from CNN, MS NOW and Politico, while the lawsuit brought by these three media organizations against Donald Trump’s administration continues to be reviewed.
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On September 24, federal judge Timothy Kelly, a Trump appointee, had approved a temporary measure requiring the White House to return credentials to journalists from the three outlets for a 14-day period. Last week, the deadline was extended until October 13, while the latest order keeps access in place until the court case is concluded.
The ruling represents a temporary victory for the media outlets, which claim they were excluded in retaliation for their reporting and because of critical stances toward the American president.
However, the ruling does not guarantee journalists access to all sensitive areas, such as the Oval Office or the presidential aircraft Air Force One. The White House continues to bar CNN and Politico journalists from being part of the press pools that travel with the president on the presidential plane.
In the lawsuit, CNN, MS NOW and Politico argue that the administration has violated their constitutional rights by excluding them without due process and because of their reporting. According to the media outlets, the clash conflicts with the First Amendment, which protects freedom of speech and of the press, as well as the Fifth Amendment.
The court’s temporary measures indicate that the judge views the plaintiffs’ claims regarding the Fifth Amendment as supported. On the other hand, the issue of a First Amendment violation will require additional review and could lead to further judicial proceedings.
The media outlets’ lawyers have also drawn attention to a 1977 precedent, Sherrill v. Knight, which concerns restrictions on journalists’ White House credentials. They have also cited statements by Trump, who has accused some media of deliberately publishing negative news to harm Republicans and his administration.
Meanwhile, the broader White House press corps has expressed solidarity with the excluded media outlets. According to reports, some organizations have refused the White House’s request to take the places of CNN and Politico, while others have announced they will not publish or distribute photographs taken during official coverage of presidential events until the court reviews the media outlets’ legal claims.
A separate lawsuit filed by the Associated Press against the White House, still under review, could help define the limits of the president’s authority to restrict journalists’ access to such spaces.
