Judge Blocks Trump Administration’s Ban on Journalists

On Tuesday, U.S. District Judge Timothy J. Kelly issued a preliminary injunction preventing the Trump administration from enforcing a ban on journalists from CNN, MS NOW, and Politico at the White House. The judge concluded that the media outlets are likely to succeed in claims that the ban violated their due process rights and First Amendment protections.

Judge Kelly, appointed by President Donald Trump in 2017, released a 26-page opinion that stated the outlets were likely to prevail on claims that the revocation of their White House credentials violated the Fifth Amendment’s due process clause. The injunction was based on unlawful First Amendment retaliation and viewpoint discrimination.

The order restricts administration officials, except President Trump, from executing or enforcing the September 18 decision that revoked hard-pass credentials for employees of the involved media organizations. Newsweek sought commentary from the White House regarding the ruling.

The judge noted that evidence suggests Trump banned the organizations based on his perception of their reporting as inaccurate and biased against him. Kelly’s opinion indicated that it was likely that President Trump excluded the journalists due to perceived negative coverage.

The court dismissed the administration’s argument that the credentials revocations were justified by national security concerns. The record failed to show any security-related evidence connected to the ban.

Judge Kelly affirmed that the media outlets demonstrated a likelihood of irreparable harm. The loss of constitutional freedoms for any period constitutes irreparable injury.

Trump announced on September 18 that he was excluding CNN, MS NOW, and Politico from the White House, citing alleged “fake news” coverage. Reporters from these organizations with White House hard passes were denied entry the next day due to deactivated credentials.

The affected outlets and journalists filed suits, arguing the ban violated their Fifth Amendment due process rights and represented retaliation and viewpoint discrimination under the First Amendment. Kelly had previously granted a temporary restraining order to restore their access.

The Tuesday opinion highlighted that D.C. Circuit precedent establishes that White House hard-pass holders have protected constitutional interests. These credentials cannot be revoked without adequate due process.

Judge Kelly referenced Trump’s public remarks explaining the ban, including his comments about negative news and his desire for the organizations to improve their reporting. He concluded these actions constituted unlawful viewpoint discrimination.

The Department of Justice argued that White House access is a privilege rather than a right. It asserted that no due process or First Amendment rights attach to these credentials and that the president should have discretion over press access. Additionally, Trump’s actions were defended as necessary due to the outlets’ lack of professionalism and publication of sensitive national security information.

This story was produced by Newsweek’s AI assistant, Martyn. Questions about the story can be directed to Newsweek editors Anna Commander and Edward T. Cummins.