CNN, MSNOW, Politico seek permanent court order against White House press ban

CNN, MSNOW, and Politico filed an amended lawsuit on Wednesday asking a federal judge to make their access to the White House press pool permanent. The three news organizations claim the administration is still refusing to let their journalists cover President Donald Trump in the Oval Office and on Air Force One. This continued exclusion, they argue, violates free speech rights and defies previous judicial orders.

The legal team, led by Theodore J. Boutrous Jr., stated that the White House is blocking reporters from locations where the president most frequently engages with the press. Boutrous said in a statement that this practice persists despite court directives. The most recent filing requests that the court convert temporary rulings into permanent orders to resolve the dispute.

The core issue is whether a president can punish news outlets based on the content of their reporting. The plaintiffs describe the exclusion as viewpoint discrimination. They contend this practice is forbidden by the First Amendment, which protects freedom of speech. The filing warns that if this precedent stands, every news organization risks similar punishment for coverage the president deems unfavorable.

The case follows a ruling by U.S. District Judge Timothy Kelly about two weeks prior. On October 13, Kelly determined that the outlets were likely to succeed in their challenge. He expanded a previous temporary ruling that found the administration had violated the outlets' Fifth Amendment right to due process. Kelly also ruled that the ban breached the outlets' First Amendment rights.

Judge Kelly rejected the administration's argument that the ban served policy goals like national security. He found that the exclusion resulted from Trump's stated belief that the outlets' reporting was inaccurate and biased. In his opinion, Kelly wrote that this constitutes unlawful viewpoint discrimination. The judge defined this as the government taking action against specific types of speech or coverage it does not like.

President Trump maintains that he is not required to allow news outlets whose reports 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 filing emphasizes that the public is currently deprived of complete information about its government due to these ongoing restrictions.

The three outlets remain excluded from the rotating press pool while the court considers the request for permanent relief. The legal battle highlights the tension between executive access to the presidency and the constitutional rights of the press. The next step depends on the federal court's decision regarding the permanence of Judge Kelly's orders.