A judge has told the White House to let three news outlets back in. On Thursday, U.S. District Judge Timothy Kelly ordered CNN, MS NOW and Politico restored to the White House “immediately,” finding that President Donald Trump’s ban on the three was most likely unconstitutional.
Kelly issued a 14-day temporary restraining order. That gives the outlets two weeks of access while their lawsuit against the administration moves forward. He wrote that the plaintiffs are likely to win, at least on the claim that their credentials were pulled last week without due process.
How the ban began
Trump announced it on Truth Social on September 18: “I am banning Fake News CNN, MSNOW … and Politico … from the White House as a result of their constant ‘reporting’ FAKE NEWS!” He said he was tired of reading what he called fake news. The next morning, Secret Service personnel turned away journalists from all three organizations at the White House compound.
The outlets sued on Monday, September 21, in federal court in Washington. Their filing called the ban viewpoint discrimination and a “blatant violation” of the First Amendment, and said they were singled out purely for the content of their coverage.
In court
Justice Department attorney Michael Velchik argued that “access to the White House is a privilege, not a right,” and that the president decides who comes through the door. The administration also said the ban rested on national security concerns.
Kelly did not buy it. He said the White House offered little proof, and he pointed to Trump’s own explanation: the “alleged lack of truthfulness and negativity” of the outlets’ reporting.
The judge has been here before. Trump nominated him in 2017, and in 2018 Kelly ordered CNN correspondent Jim Acosta’s access restored after it was revoked following a tense exchange with Trump. That ruling established that journalists are entitled to due process before their press passes can be revoked.
Rivals line up behind them
The rest of the White House television pool announced it would suspend coverage of Trump in protest. Forty-nine media organizations, among them CBS News, The New York Times and Fox News, filed a legal brief backing CNN, MS NOW and Politico.
The fight is landing just weeks before the November 3 midterm elections, with Trump’s approval ratings at record lows amid concerns over the U.S.-Israeli war on Iran and rising inflation.
