A federal judge ordered the White House to immediately restore press access for CNN, MS NOW, and Politico on Thursday, ruling that President Donald Trump’s directive barring the three news outlets the previous week was likely unconstitutional. US District Judge Tim Kelly issued a 14-day temporary restraining order requiring the administration to return the outlets’ press passes while their legal challenge proceeds.
Court Findings on Due Process and Timeline
Judge Kelly ruled that the bans violated basic due-process protections because the targeted news organizations received no advance notice or opportunity to challenge the decision before losing access. Citing established legal precedent, Kelly noted that individuals and institutions must receive notice and an opportunity to be heard before the government deprives them of a constitutionally protected interest.
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During the court proceedings, a Justice Department lawyer argued that the administration provided a sufficient explanation for the revocations through letters sent to the outlets on Tuesday. However, the judge signaled skepticism toward that timeline, noting that the correspondence arrived after the press passes had already been revoked and after the lawsuit had been filed in federal court on Monday.
The administration’s legal team attempted to justify the ban on national security grounds, pointing to specific reporting including an article regarding plans to construct a bunker beneath the East Wing. Kelly pointed out that the East Wing story cited by the government had actually been published months before the CNN reporter’s press pass was renewed, which undermined the timeline of the administration’s argument.
Origins of the Media Ban and Legal Arguments
President Trump announced the press restrictions on September 18 via a social media post, writing that the three outlets shouldn’t be able to constantly write or report fiction and lies, and warned that other media organizations could follow. In response, CNN, MS NOW, and Politico filed a lawsuit in federal court in Washington asserting that the ban violated First Amendment protections for free speech and a free press, alongside their due process rights.
In a legal filing submitted on Tuesday, Justice Department lawyers maintained that access to the White House is a privilege rather than an entitlement, and that the president retains the authority to suspend access by news organizations. Conversely, the outlets’ attorney countered that national security concerns were entirely absent when the ban was first announced and appeared to have been introduced solely in reaction to the lawsuit.
Broad Industry Support
As the legal battle unfolded in Washington, a coalition comprising press freedom groups and dozens of news organizations filed a legal brief on Wednesday supporting the banned outlets. Signatories to the brief included the Reporters Committee for Freedom of the Press, Reuters, the Washington Post, and Fox News, asserting that stripping journalists of their access due to perceived editorial viewpoint violates decades of Supreme Court jurisprudence.
Major broadcast networks including ABC, CBS, CNN, Fox, and NBC issued a joint statement emphasizing that the public holds a vital interest in receiving accurate, independent information about its government, and that no administration should restrict a news organization because it objects to its reporting. Some news organizations also halted White House pool coverage in solidarity as the temporary restraining order took effect.
