A federal judge in the United States has ruled that President Donald Trump's ban on CNN, MSNBC, and Politico was likely unconstitutional. US District Judge Tim Kelly issued the order on Thursday, stating that the Trump administration must immediately return the outlets' press passes and blocking officials from enforcing the ban for 14 days. The decision was made in response to a lawsuit filed by the three news organizations contesting the ban announced by Trump on September 18.
The lawsuit, filed in federal court in Washington, argued that the ban violated the US Constitution's First Amendment protections for free speech and a free press, as well as the outlets' due process rights. The news organizations requested a temporary restraining order to immediately reinstate their White House access while their legal challenge plays out. Judge Kelly's decision is a significant setback for Trump in one of his biggest battles with the media.
Trump's ban on the three outlets was announced on September 18, with the president stating on social media that they "shouldn't be able to constantly write or report FICTION and LIES." The Justice Department had sought to justify the ban on national security grounds, but Judge Kelly rejected this assertion. The judge stated that the record lacked factual support for the government's contention that the revocation of the outlets' hard passes would protect national security.
Judge Kelly's decision was influenced by two precedents from the US Court of Appeals for the District of Columbia Circuit, which made clear that journalists are entitled to due process before their White House press passes can be revoked. The judge added that it did not appear that the White House had given the targeted news outlets a meaningful opportunity to contest the revocation of their access. A lawyer for the news outlets told Kelly that they were banned without legally required advance notice or opportunity to contest the decisions.
The legal battle has unfolded just weeks before the November 3 midterm elections in which Trump's fellow Republicans are fighting to retain control of Congress. Trump's job approval ratings are at record lows in opinion polls amid concerns over issues such as the Iran war and inflation. The decision is seen as a significant victory for the news organizations and a blow to Trump's efforts to restrict media access.
A coalition of press freedom groups and dozens of news organizations filed a legal brief supporting the three news outlets, asserting that stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence. The brief was signed by the Reporters Committee for Freedom of the Press, Reuters, the Washington Post, and Fox News, among others.
The White House and representatives for the outlets did not immediately respond to requests for comment. The Justice Department had argued that access to the White House is a privilege, not an entitlement, and that the president has the authority to suspend access by news organizations. However, Judge Kelly's decision has made it clear that the Trump administration must provide a more substantial justification for restricting media access.
Key points
- A US federal judge has ruled that President Donald Trump's ban on CNN, MSNBC, and Politico was likely unconstitutional.
- The judge ordered the Trump administration to immediately return the outlets' press passes and blocked officials from enforcing the ban for 14 days.
- The decision is seen as a significant victory for the news organizations and a blow to Trump's efforts to restrict media access.
