Three top American media outlets, each denied access to the White House due to previous reporting, are asking a Federal Court to rule on the legality of the Trump administration’s press ban while the case is pending. CNN, MS NOW, and Politico say the administration is inconsistently enforcing the ban, such as not allowing CNN to take part in television pool.
Attorneys for the media filed the injunction on Monday night, saying that the administration would probably immediately reinstate the total ban if it had its way. They said the ban was an “unlawful attack” on First Amendment rights that is “unreparable harm to the public.
It is the latest of the many skirmishes between the Trump administration and the press. This continuous tension has resulted in some restrictions of access and several lawsuits that are continuing to work their way through the federal court system. Judge Timothy Kelly of the U.S. District Court for the District of Columbia last week granted a two-week temporary restraining order allowing the outlets back in. The plaintiffs want to stay their access until the end of the litigation, with that order set to expire on Oct. 8.
Theodore J. Boutrous Jr., who led the news media in court representation, view the ban as “blatant retaliation and viewpoint discrimination for the purpose of punishing undesirable reporting. In an amicus brief in favor of the outlets, the American Civil Liberties Union of the District of Columbia pointed out that the president’s official residence is not a private golf club, but instead a public institution.
The Trump administration says the right to be at the White House is not a constitutional right, but a privilege. Defending the Sept. Attorney General Todd Blanche, representing the U.S. Department of Justice, said it’s a national security threat when news from some media outlets isn’t accurate.
In its 42-page filing, the plaintiffs directly responds to these claims, noting how important the White House broadcast pool is. The five networks rotate the coverage of the president. After the ban, CNN was pulled from the pool of television networks, which then suspended the pool in solidarity.
CNN was allowed to report on a recent trip by the Chinese leader, but the White House went a step further and banned CNN from Air Force One when it made a weekend visit to Tennessee. None of the other pool members volunteered to take over the task. Blanche opposed the exclusion, arguing the President’s right to make passenger lists on the plane. But Judge Kelly has previously indicated he was skeptical of the notion that the true reason for the access limits is national security.
The standoff continues to pose a dilemma for television networks, whether to stand up for press freedom or their obligation to provide news. Networks could one day use their market strength for refusing to cooperate, which would prove a measure of how quickly they will give way to the demonstrators, said David A. Schulz, director of the Media Freedom and Information Access Clinic at Yale Law School.
