FIRST AMENDMENT SHOWDOWN: U.S. District Judge Timothy Kelly orders the Trump administration to immediately restore hard press passes for CNN, MS NOW, and Politico!
Washington, D.C., United States: ;A federal judge has ordered the Trump administration to immediately restore White House access for journalists from CNN, MS NOW and Politico, temporarily blocking the administration from enforcing its ban against the three news organizations.
U.S. District Judge Timothy Kelly issued the order on Thursday after the three media organizations challenged the administration's decision in federal court. Kelly said the restrictions were likely unconstitutional and directed officials to return the journalists' White House press credentials.
The order will remain in effect for 14 days while the legal dispute continues. The case centers on whether the administration could revoke the outlets' White House access without providing them with adequate notice and an opportunity to challenge the decision.
The dispute began after President Donald Trump announced on September 18 that CNN, MS NOW and Politico would no longer be permitted access to the White House.
The outlets subsequently filed a lawsuit arguing that the decision violated constitutional protections for freedom of the press and due process.
During Wednesday's hearing, Kelly questioned whether the administration had followed the procedures required before taking away journalists' hard passes. Earlier court decisions involving White House press access have established that journalists can be entitled to notice and an opportunity to contest the revocation of their credentials.
Kelly's ruling found that the reporters' credentials had been revoked without constitutionally adequate due process.
The Trump administration had argued that national security concerns justified the restrictions.
Kelly rejected that argument at this stage of the case, saying the government's evidence did not sufficiently demonstrate that revoking the outlets' press credentials would protect national security or that restoring their access would endanger it.
The judge also noted that Trump's original explanation for the ban focused on his criticism of the outlets' reporting rather than the national security rationale later presented by government lawyers.
Trump had accused the targeted organizations of publishing what he characterized as false reporting. The affected outlets disputed the allegations and argued that the administration's action amounted to retaliation for their coverage.
CNN, MS NOW and Politico filed their lawsuit after reporters from the organizations were denied entry to the White House and had their credentials confiscated.
The organizations argued that the government cannot selectively restrict journalists' access because of their reporting or viewpoint. Their legal challenge invoked both First Amendment protections and the Fifth Amendment's due-process requirements.
The administration has maintained that access to the White House is subject to government rules and that officials have legitimate reasons for determining which journalists receive access to the complex.
The court's temporary order does not resolve the entire case. Instead, it preserves access while the underlying legal arguments continue to be considered.
The case has attracted wider attention because it involves the relationship between the executive branch and news organizations that regularly cover the president and the White House.
Following the ban, other major news organizations took measures in solidarity with the affected outlets. The dispute also prompted renewed debate over how much control a president and White House officials should have over journalists' access to presidential events and government facilities.
The administration's actions have been challenged as unconstitutional by the affected organizations, while government officials have argued that White House access is subject to administrative control.
The court will ultimately have to consider the constitutional and procedural questions raised by the case.
For the moment, CNN, MS NOW and Politico journalists are to have their White House access restored under Kelly's temporary order.
The 14-day period provides time for the legal proceedings to continue while preventing the administration from enforcing the challenged ban during that period.
The ruling does not constitute a final decision on the underlying lawsuit. Further court proceedings could determine whether the restrictions can ultimately be imposed under a legally adequate process or whether the ban violates constitutional protections.
The dispute has also highlighted the importance of due process when the government takes action affecting journalists with established access to the White House.
For now, the immediate effect of Kelly's ruling is clear: the three news organizations must regain access while the court considers the broader constitutional dispute.
