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CNN, Politico, and MS NOW seek permanent order to restore White House press access

The outlets argue the administration continues to violate free speech protections by excluding them from the presidential press pool.

By Dominic Foster ·

Illustration for: CNN, Politico, and MS NOW seek permanent order to restore White House press access
Illustration generated for this article, not a news photograph.

CNN, MS NOW, and Politico filed an amended complaint on Wednesday asking a federal judge to make his recent orders for press access permanent. The three news organizations contend that the White House is still blocking their reporters from covering President Donald Trump in the Oval Office and on Air Force One. They say this ongoing exclusion violates a judge's directives and infringes on their First Amendment rights.

The legal dispute began when the administration restricted access for these specific outlets. On October 13, U.S. District Judge Timothy Kelly ruled that the outlets were likely to succeed in their case. He expanded a previous temporary ruling that found the administration had violated the Fifth Amendment right to due process. Kelly also sided with the argument that the ban breached the First Amendment right to free speech.

The judge rejected the administration's argument that the ban was necessary for national security or other policy goals. Instead, Kelly determined that the restriction was based on the president's stated belief that the outlets' reporting was inaccurate and biased. He described the government's action against coverage it dislikes as unlawful viewpoint discrimination.

The outlets' attorney, Theodore J. Boutrous Jr., stated that the White House continues to block reporters from the very locations where the president most frequently engages with the press. The filing notes that the president is retaliating against them for reports he does not like. The organizations argue that this practice sets a precedent where any news organization faces punishment for coverage deemed insufficiently favorable.

The filing states that the public is deprived of current and complete information about its government as a result. Trump has maintained that he does not need to allow news outlets he dislikes onto White House grounds or Air Force One. The White House had not responded to the amended lawsuit as of Thursday morning.

The next step in this litigation involves the court's decision on whether to convert the temporary orders into a permanent injunction. The judge's opinion noted that the government took action against specific types of speech it did not like. The outlets seek to finalize the legal framework that governs presidential press access for these three major national media brands.

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