A US federal judge on Thursday ordered President Donald Trump’s administration to restore White House access to journalists from CNN, MS NOW and Politico, ruling that the ban imposed on the three media organisations was likely unconstitutional.
US District Judge Tim Kelly issued the order as part of a lawsuit filed by the news organisations challenging the ban, which Trump announced on 18 September. The ruling represents a significant setback for the president in one of his most prominent disputes with the media.
Access restored for 14 days
Kelly ordered the Trump administration to immediately return the journalists’ White House entry passes and barred government officials from enforcing the ban for 14 days while the litigation proceeds.
The judge rejected the administration’s argument that the restrictions were justified by national security concerns.
“The defendants’ assertion that revoking plaintiffs’ passes will actually protect national security, or that national security will be endangered if the Court orders their passes restored while this litigation proceeds, is unsupported by the facts,” Kelly said.
The judge noted that Trump himself had said the ban was imposed because of what he described as the organisations’ “alleged unreliability and negative attitude” in their reporting.
Trump had also said on social media that the three organisations “should not be allowed to continually write inventions and lies”.
Justice Department lawyers had sought to justify the restrictions on national security grounds.
Media organisations allege First Amendment violation
CNN, MS NOW and Politico filed their lawsuit against Trump and other members of his administration in federal court in Washington on Monday.
They argued that the ban violates the First Amendment to the US Constitution, which protects freedom of speech and the press, as well as their right to due process.
The organisations sought temporary measures restoring their White House access immediately while the broader lawsuit is considered.
Kelly said two previous court rulings had established that journalists are entitled to due process before their White House credentials can be revoked.
He added that the three organisations did not appear to have been given an opportunity to challenge the decision before losing access.
Lawyers clash over procedure
A lawyer representing the news organisations told Kelly that the ban was imposed without the required notice and without giving them an opportunity to contest the decisions.
The lawyer described the measure as unprecedented and unreasonable, arguing that it also amounted to severe punishment.
A Justice Department lawyer countered that the administration had adequately explained the withdrawal of the journalists’ White House passes in letters sent to the organisations on Tuesday.
Kelly expressed reservations about that argument, pointing out that the letters were issued after the passes had already been revoked and after the lawsuit had been filed.
The Justice Department also maintained that access to the White House is a privilege rather than a right and argued that the president has the authority to suspend access for news organisations.
News organisations rally behind outlets
Meanwhile, a coalition of press freedom groups and dozens of news organisations expressed support for CNN, MS NOW and Politico on Wednesday.
Those backing the three outlets included the Reporters Committee for Freedom of the Press, Reuters, the Washington Post and Fox News.
“Removing rights from journalists and news organisations because of their journalistic viewpoint violates decades of Supreme Court precedent,” they said.
The White House and representatives of the three media organisations did not immediately respond to requests for comment.
Source: CNA
