‘Unlawful Viewpoint Discrimination’: US Judge Blocks Trump’s White House Ban On CNN, MS NOW And Politico

A US federal judge has ordered the Trump administration to maintain White House access for journalists from CNN, MS NOW and Politico while their lawsuit challenging the president’s media ban continues, ruling that the outlets are likely to succeed in arguments that the restrictions violated the First Amendment and due process protections.

US District Judge Timothy Kelly issued the preliminary injunction on Tuesday, extending an earlier order that reinstated the journalists’ press credentials. The order will remain in effect until a final judgment in the lawsuit, unless an appeals court intervenes.

Court’s Findings

Kelly said Trump’s public statements indicated that the three news organisations had been barred because he considered their reporting biased and inaccurate, rather than because of national security concerns subsequently advanced by the government.

“Simply put, that is unlawful viewpoint discrimination,” the judge wrote in his opinion. The court found that the outlets were likely to succeed on their claims that the administration had retaliated against them over their coverage and had violated their constitutional rights by revoking their White House press credentials without adequate procedural protections.

Kelly also said the restrictions risked harming both journalists and the public by limiting access to government information. However, he clarified that the ruling did not establish that Trump’s complaints about the accuracy or fairness of media coverage were unfounded, or that the government could not restrict access when genuinely necessary to protect national security.

How The Ban Began

Trump announced the ban on September 18, saying CNN, MS NOW and Politico should not be allowed access to the White House because they allegedly reported “FICTION and LIES” about him. Journalists from the three outlets were denied entry the following day after their press credentials were deactivated.

The outlets subsequently sued Trump and several executive branch officials, arguing that the decision violated their First Amendment protections for freedom of speech and the press, as well as their Fifth Amendment due process rights.

On September 24, Kelly ordered the administration to restore the journalists’ credentials through a temporary restraining order, finding that they were likely to succeed on their due process claim.

White House Defence

The White House has maintained that access to the presidential complex is a privilege rather than a right. In a September statement, it accused the outlets of publishing false reports and argued that the First Amendment guarantees the right to publish, not an entitlement to a White House press pass or a place in the briefing room.

Justice Department lawyers also argued in court that the restrictions were justified by concerns over the publication of classified or sensitive national security information.

Kelly, however, said the administration had not provided sufficient evidence that national security concerns motivated Trump’s original decision to revoke the credentials.

The ruling allows journalists from the three organisations to continue covering the White House as the litigation proceeds. The administration may challenge the injunction, and the court has yet to issue a final judgment on the merits of the lawsuit.