US federal judge Timothy Kelly has ordered the Donald Trump administration to immediately restore White House access for journalists from CNN, MS NOW and Politico.
The judge suspended enforcement of the ban for 14 days, finding that restricting the three media organizations’ access to the White House was likely unconstitutional.
The court’s ruling
Timothy Kelly, a judge on the US District Court for the District of Columbia, issued the ruling in response to a lawsuit filed by the media organizations. The journalist groups went to court on Sept. 21, arguing that the ban violated the First Amendment to the US Constitution, which protects freedom of speech and of the press, as well as due process guarantees.
Kelly rejected the government’s justification of the ban on national security grounds. The judge said the case record contained no factual basis to show that revoking the journalists’ special access credentials would protect national security.
“The record does not support defendants’ claim that revoking the special access credentials would protect national security, or that national security would be jeopardized if the credentials were restored,” the judge said.
Trump’s stance toward the media organizations
In a social media post, Donald Trump said the three media organizations “should not continue to write and publish fake and false information.” Lawyers for the Department of Justice sought to justify the ban on national security grounds.
In a filing submitted to the court, the Department of Justice argued that access to the White House was a privilege, rather than a right, and that the president had the authority to suspend media organizations’ access.
However, the judge viewed that argument skeptically. He said letters justifying the ban were sent to the media organizations after their access credentials had been revoked and after they had filed the lawsuit.
Support from press organizations
A number of press freedom groups and media organizations supported CNN, MS NOW and Politico in legal briefs submitted to the court.
The briefs were signed by numerous organizations and media outlets, including the Committee to Protect Journalists, Reuters, The Washington Post and Fox News. They said depriving journalists and media organizations of their rights because of their editorial position was contrary to legal principles established by the Supreme Court over many years.