A federal judge has ordered the White House to restore access for three news organizations that were banned by President Trump last month due to their coverage of his administration. The judge's ruling, issued late last night, mandates full access for CNN, MS NOW, and Politico while their legal challenge is ongoing. This order will remain in effect until a final decision is made or a higher court intervenes.
Ted Boutrous, the attorney representing the three outlets, discussed the ruling, highlighting two key issues addressed by the judge. The first was the likelihood of success on their due process claim, which argues that President Trump revoked their press credentials without prior notice or clear standards. Boutrous stated that the Due Process Clause requires fair notice and an opportunity to be heard when a government action affects a liberty interest, such as First Amendment rights.
The second issue was related to First Amendment rights. The judge found that the revocation of press credentials was retaliatory, stemming from President Trump's dissatisfaction with the reporting from these outlets. Boutrous emphasized that the court's ruling indicated that the actions taken by the White House were likely a violation of First Amendment rights.
In response to inquiries from the media, the White House stated that "the fake news has no place demanding a spot in the president's Oval Office," asserting that news organizations do not have an inherent right to access the president. Boutrous noted that the legal test revolves around whether the government has opened a space for First Amendment activities, which, if done, requires that restrictions be reasonable and viewpoint-neutral.
Boutrous also addressed the implications of this ruling, suggesting that if a future administration were to exclude certain news organizations based on their coverage, it would raise similar First Amendment concerns. He pointed out that solidarity exists among news organizations across the political spectrum in opposing such restrictions. The Reporters Committee filed an amicus brief with support from 77 news organizations, emphasizing the importance of equal access to the press. Boutrous concluded by stating that the First Amendment should ensure a level playing field without viewpoint discrimination.
PBS News is among the organizations that signed the legal brief supporting the restoration of access for CNN, MS NOW, and Politico.