Trump’s White House media ban faces legal challenge over press access

Washington, United States. President Donald Trump’s decision to bar CNN, MSNOW and Politico from the White House has prompted a federal lawsuit, with the outlets alleging unlawful retaliation for protected speech.

Legal experts told Reuters that the stated basis for the ban could conflict with longstanding constitutional limits on government viewpoint discrimination.

Ban announcement

Trump announced on Friday that CNN, MSNOW and Politico would be banned from the White House because of reporting he described as “FAKE NEWS”. He said on Saturday that other outlets could also be barred.

The move was the latest effort by his administration to restrict press access as part of a wider campaign against coverage Trump dislikes.

The White House said the outlets remained able to report from outside the building.

“The Fake News has no place demanding a spot in the President’s Oval Office. The lies they smear are a disservice to the American public and tear at the very fabric of our Democracy,” the White House said in a statement.

Legal arguments

Four legal experts told Reuters that the ban likely conflicts with legal prohibitions against government discrimination based on viewpoint.

US courts have long held that once the government opens a space to the media, it cannot determine access based on favourable or unfavourable coverage, according to the experts.

“They don’t have to allow anyone in, but once they do, they cannot decide who gets in based on viewpoint or content,” said Lucy Dalglish, a journalism professor at the University of Maryland.

Federal lawsuit

CNN, MSNOW and Politico filed suit in federal court in Washington, D.C., on Monday, arguing that the ban was unlawful retaliation for speech protected by the First Amendment and violated their due process rights.

“This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles,” the outlets said.

US District Judge Timothy Kelly, who blocked Trump from banning a CNN reporter during his first presidency, scheduled a hearing for Wednesday on the outlets’ request for a temporary restraining order.

The press does not have unrestricted access to the White House. Presidents have greater discretion over access to closely controlled areas with limited capacity, including the Oval Office and Air Force One.