A federal judge on Thursday, September 24, ordered the Trump administration to restore White House access for journalists from CNN, MS NOW and Politico, finding that the president’s ban on the three news organizations was likely unconstitutional.
U.S. District Judge Timothy Kelly’s decision provides temporary relief while the outlets challenge their exclusion. It does not represent a final judgment on the constitutional dispute.
Trump announced the White House media ban on September 18, accusing the organizations of publishing false reporting. Journalists from the three outlets were denied entry the following day.
The organizations sued the administration on September 21, arguing that their exclusion amounted to punishment for their coverage and violated the First Amendment, which protects freedom of speech and the press.
After the ban, the White House announced a media program titled “Trump TV.”
White House press access and due process
A central issue in the case is whether the administration followed the required procedures before withdrawing journalists’ credentials.
During Wednesday’s hearing in Washington, Kelly said the ban did not appear to comply with federal appeals court precedents. Those decisions establish that journalists are entitled to due process before their White House press passes are revoked.
That protection concerns fair procedures, including notice and an opportunity to challenge the withdrawal of access. According to CNN’s account of the hearing, Kelly questioned whether those safeguards had been provided before the reporters were excluded.
Kelly, whom Trump appointed during his first term, previously handled the 2018 dispute over CNN correspondent Jim Acosta’s White House credentials. In that case, he temporarily restored Acosta’s access after finding that the administration had failed to follow fair procedures when revoking his press pass.
Trump Administration invokes national security
Justice Department lawyers sought to justify the restrictions on national security grounds. At Wednesday’s hearing, the administration also argued that the president has authority over who can access the White House. The news organizations challenged that rationale, maintaining that the ban violated both press freedom and their right to due process.
The legal challenge drew support from the Reporters Committee for Freedom of the Press and 50 media outlets and industry groups, including the White House Correspondents’ Association. The coalition filed a supporting brief on September 23 urging the court to restore access.
The coalition argued that excluding news organizations over their editorial coverage threatens the public’s access to timely information about presidential statements and actions. It also warned that such restrictions could discourage other outlets from publishing reporting they fear might lead to similar sanctions.
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