<p class="wp-block-paragraph">The Justice Department is requesting a federal judge to reinstate President Donald Trump’s ban on journalists from CNN, MS Now, and Politico from accessing the White House, asserting that access is a privilege rather than a constitutional right.</p>
<p class="wp-block-paragraph">This filing follows U.S. District Judge Timothy Kelly's temporary block of the administration’s decision to revoke the outlets’ access, which ordered the White House to restore their press credentials.</p>
<p class="wp-block-paragraph">The dispute originated on September 18, when Trump announced the ban via Truth Social, claiming the three outlets were “fake news” organizations that should not be allowed to report what he termed “FICTION and LIES” about the President of the United States.</p>
<p class="wp-block-paragraph">The affected outlets subsequently filed a lawsuit, contending that the administration’s decision infringed upon their First Amendment rights.</p>
<p class="wp-block-paragraph">The Justice Department contended that the outlets are unlikely to prevail in their claims and urged Judge Kelly to deny their request for a preliminary injunction.</p>
<p class="wp-block-paragraph">In its filing, the DOJ stated, “The White House is the home and workplace for the Nation’s Commander-in-Chief. After all, access to the White House is a privilege—not a right.”</p>
<p class="wp-block-paragraph">CNN, MS Now, and Politico had previously enjoyed “privileged access” to the White House, but Trump asserted that they had not met “basic minimum standards of professionalism and decorum” expected of those granted access, including allegations of “publishing sensitive or classified information.”</p>
<p class="wp-block-paragraph">Trump initially revoked their access and provided the outlets until September 25 to respond, but according to the filing, they did not submit a response, request an extension, or defend their actions.</p>
<p class="wp-block-paragraph">The Justice Department recognized that the D.C. Circuit has ruled that certain areas of the White House grounds are classified as a nonpublic forum under Sherrill v. Knight, but argued that the 1977 decision was incorrect and should be overturned.</p>
<p class="wp-block-paragraph">“While the D.C. Circuit has held that some areas of the White House grounds constitute a nonpublic forum, Sherrill … is wrong and should be overruled,” the filing states.</p>
<p class="wp-block-paragraph">The administration also dismissed the outlets’ claims of First Amendment retaliation, arguing that the loss of special access would not deter a reasonable reporter from reporting and that the government would have taken the same action regardless of any criticism of Trump.</p>
<p class="wp-block-paragraph">The government further contended that the outlets’ due process claims are unfounded because they were given notice of the allegations and an opportunity to contest the administration’s findings.</p>
<p class="wp-block-paragraph">Ultimately, the Justice Department argued that the outlets have not demonstrated irreparable harm and that the balance of equities and public interest favors the government.</p>