Federal Judge Blocks Ban on CNN, MS NOW, and Politico Journalists at White House

A federal judge has issued a preliminary injunction preventing the Trump administration from enforcing a ban against CNN, MS NOW, and Politico journalists from entering the White House. The decision was based on the assertion that these media organizations are likely to win claims that the ban violated their due process and First Amendment rights.

U.S. District Judge Timothy J. Kelly, appointed by President Donald Trump in 2017, delivered a 26-page ruling. The ruling indicated that the media outlets have a strong case in arguing that the revocation of their White House credentials breached the Fifth Amendment’s due process clause. It also represented unlawful First Amendment retaliation and viewpoint discrimination. Consequently, Kelly directed administration officials, except President Trump, to halt the enforcement of the credential revocations while the case is ongoing.

Judge Kelly noted that the evidence suggests President Trump likely barred the organizations because he perceived their reporting as inaccurate and biased against him. Kelly wrote that without naivety, it is evident Trump intended to exclude the plaintiffs due to what he viewed as unfavorable coverage.

The court dismissed the administration’s defense that national security concerns warranted the credential revocations. It found no relevant national security information linked to Trump’s decision in the record. Furthermore, Kelly recognized that the outlets showcased a likelihood of suffering irreparable harm, stressing that any loss of constitutional freedoms, even brief, results in irreparable injury.

On September 18, Trump declared he was barring CNN, MS NOW, and Politico from the White House, accusing them of perpetuating ‘fake news’ over several years. Following this announcement, journalists affiliated with these outlets were barred from entering the White House after their credentials were deactivated. The media organizations and multiple journalists promptly filed a lawsuit, claiming the ban breached their Fifth Amendment due process rights and amounted to First Amendment retaliation and viewpoint discrimination.

Judge Kelly had previously granted a temporary restraining order that reinstated the organizations’ access. In his recent opinion, he referred to established D.C. Circuit precedent, affirming that holders of White House hard-pass credentials possess protected constitutional interests that cannot be revoked without proper due process. He consistently referenced Trump’s public comments as justification for the ban, particularly his remarks about their negative reporting and aspirations for their improvement.

The Department of Justice argued that access to the White House is a privilege, not a right. It contended that the credentials did not confer any due process or First Amendment rights and that the president should have the discretion to decide press access. It also maintained that the president acted appropriately, citing the outlets’ alleged failure to meet professional standards and disclosure of sensitive national security information.