A federal judge is considering whether to block President Donald Trump's ban of three news outlets from White House grounds. U.S. District Judge Timothy Kelly expressed skepticism regarding the government's defense of the ban during a hearing on September 23, 2026. The judge questioned whether the administration provided adequate due process before implementing the ban on CNN, MS NOW, and Politico, which the outlets argue is a violation of the First Amendment due to viewpoint discrimination.
Kelly stated that his decision must align with previous court rulings regarding press access, emphasizing that journalists should have the opportunity to be heard before their press passes are revoked. Justice Department attorney Michael Velchik argued that access to the White House is a privilege, while Theodore Boutrous Jr., representing the news outlets, described the ban as an unreasonable punishment lacking due process.
The administration contends that the ban does not violate the First Amendment, citing incidents of reporting that allegedly threatened national security and violated standards of professionalism. Specific examples of reporting incidents were detailed in letters sent to each outlet.
In solidarity with the banned outlets, other media organizations have suspended coverage of Trump events. An amicus brief was filed by various news groups urging the court to restore access for the three outlets, stating that the ban harms public interest and violates constitutional principles. Katie Fallow from the Knight First Amendment Institute noted the unprecedented nature of this action by a president against news outlets.
The judge did not indicate when he would issue a decision on the request for a restraining order but mentioned he would rule as soon as possible.