A federal judge has extended his order blocking President Donald Trump from excluding certain media outlets from the White House press area. The extension keeps CNN, MSNOW, and Politico able to access the briefing room.
Judge Cites First Amendment Violation
Judge Timothy Kelly issued a memorandum on Oct. 13, extending his preliminary injunction after finding the plaintiffs likely to succeed on a First Amendment discrimination claim. He ruled the government violated the Fifth Amendment’s due process clause by revoking press passes without notice or a hearing.
Trump’s Stated Reason
Trump announced on social media last month that he was banning the three outlets “as a result of their constant ‘reporting’ FAKE NEWS!” He said the outlets spread fake news and deserved exclusion.
Attorney Theodore J. Boutrous Jr. told the court on Oct. 8 that Trump wanted to exclude the outlets because he disliked their viewpoints and preferred more favorable coverage. He argued the president sought better press rather than fair reporting.
DOJ Defense
DOJ Senior Counsel Michael Velchik countered that Trump’s concern centered on alleged fabrication of quotes, splicing interviews, and reliance on anonymous sources, not viewpoint bias. He said the president was protecting national security by preventing leaks of classified information.
Judge’s Final Ruling
Kelly reiterated that there was no factual basis for the national security argument and concluded Trump revoked access because he believed the coverage was inaccurate and biased, constituting unlawful viewpoint discrimination. The ruling underscores that selective exclusion based on perceived bias violates the Constitution.
The Associated Press contributed to this report.
