US Edition
Your source for latest news
PoliticsPRESS FREEDOM

CNN, Politico and MS NOW Sue Trump Over White House Press Ban

Three news organizations ask a federal judge to restore White House access after credentials were revoked following coverage the president called "fake news."

PW
By PressTemps Washington DeskPublished Today, 09:02 ET · 3 min read
CNN, Politico and MS NOW Sue Trump Over White House Press Ban
File photo of the James S. Brady Press Briefing Room at the White House. (Official White House Photo by Tia Dufour, 2020; image is illustrative and not from the events described)
What to know
CNN, Politico and MS NOW sued the Trump administration Monday over a White House press ban imposed Sept. 18
The suit alleges First and Fifth Amendment violations after credentials were confiscated and reporters barred from the grounds
A federal judge set a Wednesday hearing on the outlets' request for a temporary restraining order
Rival networks declined to fill CNN's pool slot in solidarity, leaving Monday's events without TV pool coverage

CNN, Politico and the cable network MS NOW sued President Trump and three senior officials on Monday, asking a federal judge to immediately restore their reporters' access to the White House after credentials were revoked over the weekend. The 27-page complaint, filed in the U.S. District Court for the District of Columbia, calls the ban "a direct assault on the First Amendment" and asks for a temporary restraining order.

The dispute traces to a Friday Truth Social post in which the president said he was "banning" the three outlets over what he called their "constant 'reporting' FAKE NEWS," warning that "other Fake News Media Outlets" could follow. By Saturday, White House reporters Betsy Klein of CNN, Akayla Gardner of MS NOW and Cheyenne Haslett of Politico were turned away at the gates and had their hard passes confiscated by the Secret Service.

A First and Fifth Amendment Claim

The lawsuit names White House communications adviser Steven Cheung, Chief of Staff Susan Wiles and Secret Service Director Sean Curran as defendants. It argues the administration violated the outlets' First Amendment rights by retaliating against them for their coverage and discriminating against their viewpoint, and violated their Fifth Amendment due-process rights by stripping access without notice or a hearing. "We are filing a lawsuit today to protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes," the three newsrooms said in a joint statement announcing the suit.

U.S. District Judge Timothy Kelly, a first-term Trump appointee, ordered the Justice Department to respond to the request for a restraining order by Tuesday and set a videoconference hearing for Wednesday afternoon. The White House had defended the move in its own statement days earlier, arguing that access to the briefing room and press pool is "a privilege, not a right" and does not entitle outlets to a hard pass or a pool seat.

Legal Scholars and Rival Networks Weigh In

The move drew swift pushback from press-freedom advocates. Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, said the ban was "doubly unconstitutional" because the press pool functions as a public forum from which journalists cannot be excluded based on viewpoint. "President Trump presents it as retaliation against these particular news organizations, but it's really a move against the public's right to know," Jaffer said.

ABC, CBS, Fox and NBC, which along with CNN rotate responsibility for pooled video coverage of the president, declined to fill CNN's assigned slot in solidarity, leaving Monday's presidential events without television pool footage, according to PBS NewsHour's reporting on the standoff.

The case is the most direct legal test yet of a broader pattern of access restrictions the administration has imposed on individual news organizations since Trump's return to office, and it will turn in the coming days on whether Judge Kelly finds the outlets likely to succeed on the merits before ruling on emergency relief. A loss for the government could force the White House to restore credentials while the underlying case proceeds; a win would leave the ban in place pending a fuller hearing on the First Amendment claims.

More on this story

All Politics