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Politics · National

Three News Outlets Seek Permanent Court Order to End White House Press Ban

CNN, MS NOW, and Politico argue the administration is violating existing rulings by excluding them from the presidential press pool.

By Petra Murphy ·

Illustration for: Three News Outlets Seek Permanent Court Order to End White House Press Ban
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CNN, MS NOW, and Politico filed an amended complaint on Wednesday, accusing the White House of actively defying federal court orders by keeping their reporters out of the presidential press pool. The outlets argue that this exclusion violates their First Amendment rights and constitutes retaliation for reporting the administration dislikes.

The legal dispute centers on the rotating group of journalists granted access to cover President Donald Trump in the Oval Office and on Air Force One. Theodore J. Boutrous Jr., the attorney representing the three news organizations, stated that the White House continues to block these reporters from locations where the president most frequently engages with the media. The new filing asks U.S. District Judge Timothy Kelly to make his previous injunctions permanent.

Judge Kelly ruled in October that the news outlets were likely to succeed in their challenge. On Oct. 13, he expanded a temporary ruling that found the administration violated the outlets' Fifth Amendment right to due process. He also sided with the argument that the ban breached their First Amendment free speech rights. Kelly rejected the president's claim that the ban served national security policy goals, writing instead that it resulted from the president's belief that the coverage was inaccurate and biased. Kelly called the action "unlawful viewpoint discrimination."

The president maintains that he does not have to allow news outlets with unfavorable coverage onto White House grounds or Air Force One. In their filing, the outlets warned that every news organization now faces the risk of similar punishment for coverage the president deems insufficiently favorable. They argued that this practice deprives the public of current and complete information about the government. The White House had not responded to the amended lawsuit as of Thursday morning.

The case pits the executive branch against major media entities in a rare legal test of presidential access. The outcome will determine whether the president can punish specific outlets for the content of their reporting. The outlets contend that the current ban sets a precedent for punishing speech the government dislikes.

The latest filing comes roughly two weeks after Kelly's initial decision in favor of the journalists. The decision marked a victory for the reporters who sought to return to covering the president directly. The legal battle continues as the court considers the request for a permanent remedy.

The three outlets remain excluded from the pool while the litigation proceeds. Their reporters continue to cover the administration from outside the designated access areas. The amended complaint seeks to end this exclusion permanently through the federal court system.

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