CNN, MS NOW, and Politico seek permanent court order against White House press ban

CNN, MS NOW, and Politico filed an amended complaint on Wednesday, asking U.S. District Judge Timothy Kelly to make his earlier orders regarding press access permanent. The news organizations claim the White House continues to block their journalists from covering President Donald Trump in the Oval Office and on Air Force One. Their attorney, Theodore J. Boutrous Jr., stated that the administration is defying court orders by excluding them from locations where the president most frequently engages with the press.

The filing argues that the president is retaliating against the outlets for reporting he does not like. The groups describe this action as viewpoint discrimination, a practice forbidden by the First Amendment’s free-speech protections. They contend that no official should be able to punish news organizations based on the content of their coverage. The most recent legal documents request that the court solidify the previous mandates to ensure the reporters can fully return to the rotating press pool.

Judge Kelly issued a ruling approximately two weeks ago, finding that the three outlets were likely to succeed in their lawsuit. That decision expanded a prior temporary ruling that the administration had violated the outlets’ Fifth Amendment right to due process. In that October 13 decision, Kelly also agreed with the outlets that the ban breached their First Amendment rights. The judge rejected the administration’s argument that the exclusion was driven by national security goals. Instead, he determined that the ban resulted from Trump’s stated belief that the reporting was inaccurate and biased.

Kelly wrote that the government taking action against types of speech it dislikes constitutes unlawful viewpoint discrimination. Trump has insisted that he is not required to allow news outlets whose reports he dislikes onto White House grounds or other official areas. As of Thursday morning, the White House had not responded to the amended lawsuit. The outlets stated that every news organization now faces the risk of similar punishment for coverage the President deems insufficiently favorable.

The legal dispute centers on whether the executive branch can use access to the president as a tool to penalize specific media coverage. The three groups assert that the current exclusion keeps them out of the rotating pool used to cover the president. They argue that this exclusion deprives the public of current and complete information about the government. The case pits the president directly against the news organizations that cover his administration. The court must now decide whether to finalize the protections established in the previous interim orders.

The three outlets are seeking a final ruling that would end the uncertainty surrounding their access to the White House. They want to ensure that the current orders preventing their exclusion remain in effect indefinitely. The legal team filed the request to prevent the administration from reversing course once the temporary phase of the litigation concludes. The case remains active in the U.S. District Court. The outcome will determine the long-term status of press access for these specific media brands.

The filing was submitted on Wednesday, marking a new phase in the legal battle over press access. The administration has maintained its position that it can control which reporters accompany the president. The outlets counter that this control is being used selectively against them. Judge Kelly has already ruled in their favor on the likelihood of success. The next step in the process involves the court’s decision on making those orders permanent. No further dates have been set for a hearing on the new request.