A federal judge in the United
States has ruled against President Donald Trump’s restrictions on three major
media organizations, ordering the administration to immediately restore their
access to the White House. According to Reuters, U.S. District Judge Timothy
Kelly said the decision to bar journalists from CNN, MS NOW and Politico from
the White House could, at first glance, conflict with the Constitution. The
judge also barred the administration from enforcing the restrictions for 14
days. The three media organizations were barred from access by President Trump
on September 18 and subsequently challenged the decision in court. They argued
that canceling their journalists’ press passes violated the First Amendment
protections for freedom of speech and freedom of the press, as well as legal
due-process requirements.
National Security Argument
The Trump administration
argued in court that granting access to the White House is a privilege
controlled by the administration and that the president has the authority to
restrict media access on national security grounds. However, Judge Kelly
questioned this argument. He said the record presented to the court did not
contain sufficient evidence to establish that canceling the press passes would
protect national security or that restoring the journalists’ access would pose
a threat to national security. Trump had criticized the three organizations on
social media, saying they should stop continuously publishing or broadcasting
“fiction and lies.” The White House cited the organizations’ reporting and
concerns related to national security in explaining the restrictions.
Objection to Denying Journalists an Opportunity
to Defend Themselves
During the hearing, Judge
Kelly also pointed out that the journalists were not given adequate notice or
an opportunity to present their side before their press passes were canceled. Referring
to previous court rulings, he said proper legal procedures must be followed
before the access of journalists holding permanent White House press passes can
be terminated. Attorneys for the three media organizations told the court that
their journalists’ press passes were suddenly revoked and that they were not
given the legally required prior notice or an opportunity to challenge the
decision. A Justice Department attorney, however, argued that the
administration had provided an adequate explanation for the restrictions in
letters sent on Tuesday. The judge noted, however, that those letters were sent
after the press passes had already been canceled and after the lawsuit had been
filed.
Support from Other Media Organizations
Other media organizations and
press-freedom groups have also supported CNN, MS NOW and Politico in the legal
dispute. Several media organizations, including the Reporters Committee for
Freedom of the Press, filed a joint legal brief with the court, arguing that
journalists’ rights should not be restricted simply because a media
organization’s reporting or editorial position is disliked. Reuters, The
Washington Post and Fox News were among the organizations that also signed the
filing. The court’s ruling today is not a final decision in the case. For now,
the judge has ordered the White House to restore the journalists’ access and
temporarily halted enforcement of the restrictions, while the legal proceedings
in the case continue.