Three major news organizations—CNN, Politico, and MS NOW—have requested that a federal court extend an injunction blocking President Trump’s ban from White House grounds. The filing, submitted late Monday, asks Judge Timothy Kelly to maintain the restriction until the underlying lawsuit is fully resolved.
The outlets argue that despite a two-week temporary restraining order issued last week, the administration has continued to inconsistently enforce the ban. In a 42-page legal document, attorneys for the three networks stated that the White House remains intent on reinstating a complete prohibition on the outlets if given the chance.
“The White House’s words and actions leave little doubt that it will immediately reinstitute a complete ban of CNN, MS NOW, and POLITICO if allowed the opportunity,” the filing read. The lawyers added that the ban constitutes an unlawful assault on First Amendment freedoms and causes irreparable harm to both the plaintiffs and the public.
The legal battle marks a contentious chapter in the Trump administration’s relationship with the media during his second term. The dispute has already triggered multiple lawsuits, sanctions on Pentagon and White House reporters, and significant First Amendment questions.
Theodore J. Boutrous Jr., lead counsel for the news organizations, called the ban “a blatant violation of the First Amendment and due process.” He characterized the administration’s actions as retaliation and viewpoint discrimination, noting that the president’s sole motive appears to be punishing unfavorable reporting.
At a hearing last week, Judge Kelly expressed skepticism regarding the administration’s justification for the ban, particularly the assertion that the outlets had not been afforded due process. However, the administration has shown no signs of backing down. Attorney General Todd Blanche defended the ban on ABC over the weekend, stating that access to the White House is a privilege, not a right.
“When it comes to the White House, it is the people’s house,” Blanche said. “It is a privilege, and not a right, to be there.”
The conflict recently escalated over the broadcast pool system, which rotates coverage among CNN, ABC, CBS, NBC, and Fox News. After CNN was removed from its pool duties following the initial ban, the other networks suspended coverage in solidarity. While CNN was briefly permitted to cover President Trump’s meeting with Chinese leader Xi Jinping at the National Archives last Friday, the White House subsequently barred the network from Air Force One for a trip to a college football game in Tennessee.
The administration defended the exclusion from the presidential plane, with Blanche asserting that the president has the right to decide who flies on his aircraft. He further claimed that what he termed “misinformation” from these outlets posed a national security risk. Judge Kelly rejected this argument in his initial ruling, expressing doubt that national security was the true motivation behind the access restrictions.
Currently, the remaining pool networks are addressing the standoff on a case-by-case basis. Fox covered a pool event on Sunday, while NBC was assigned to cover the president in the Oval Office on Monday. If CNN is barred again when its turn arrives, the networks plan to consult collectively on whether to provide a replacement or abstain from coverage entirely.
Legal experts note the difficult position facing the media. David A. Schulz of Yale Law School suggested that networks may choose to exert market power by refusing to cooperate with the White House, but warned that the ultimate question is who will concede first.
“Capitulation might be perceived as abandonment of core components of press freedom,” said RonNell Andersen Jones, a law professor at the University of Utah. “But the practicalities of lengthy White House news blackouts are also complicated, and refusing to cover major news at the highest levels of government might itself feel like a failure to serve the goals of democracy.”
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I wonder if the networks will actually follow through with a full blackout, or if they’ll cave under pressure eventually.
The ‘privilege not a right’ argument is wild. If true, that undermines the entire concept of a free press in America.
Wait, did Fox actually cover an event while the others boycotted? That seems like a major crack in the solidarity front.
This is a serious First Amendment issue. The press must hold power accountable without fear of arbitrary exclusion.