CNN, MS NOW and Politico sue Trump administration over White House ban

CNN, MS NOW and Politico have filed a First Amendment lawsuit against the Trump administration after the White House revoked their journalists’ access over coverage President Donald Trump criticised as “negative”. The outlets are seeking the restoration of their press credentials, with the case expected to come before a federal judge in Washington, DC, this week.

“This morning, we notified the government that we are filing a lawsuit today to protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes,” the three organisations said in a joint statement on Monday.

“Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting,” they said. “Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”


The lawsuit follows Trump’s decision last week to bar the three outlets from the White House. The President has also indicated that he could add more news organisations to the list.

The White House has prevented reporters from CNN, MS NOW and Politico from entering their workspaces inside the complex. CNN and MS NOW have also been denied access to television equipment and camera positions on the White House grounds.

CNN was removed on Monday from the television pool that shares coverage of the President among major news organisations. The network had been scheduled to handle pool coverage and travel with Trump to New York.

Reporters denied entry

The press credentials of journalists from the three outlets were deactivated after Trump announced the ban.

On Saturday, MS NOW reporter Akayla Gardner, CNN reporter Betsy Klein and Politico reporter Cheyenne Haslett were stopped by the Secret Service while trying to enter the White House grounds. Officials seized their press passes.

The outlets’ lawsuit is expected to challenge the administration’s explanation for the ban. Trump has said he objected to “negative stories” published by the organisations.

“If they want to write them, that’s fine. I don’t have to let them into the people’s house,” Trump said.

Several legal and First Amendment experts have described the action as unconstitutional. They argue that the administration cannot exclude journalists because it disagrees with their reporting.

At least one Trump administration official has cited a 1965 Supreme Court decision involving the government’s refusal to validate passports for travel to Cuba as support for the President’s position.

What the lawsuit will argue

The dispute centres on the legal principle of viewpoint discrimination. The three outlets are expected to argue that the White House punished them because of the views expressed in their coverage.

Courts have previously ruled against attempts to block journalists from covering the White House based on their reporting. A 1977 case involving The Nation reporter Robert Sherrill established that officials cannot deny press access because of the content of a journalist’s speech or discriminate against protected speech.

The DC Circuit Court of Appeals also held that journalists and the public have an interest in ensuring that restrictions on newsgathering are limited and that reporters are not arbitrarily excluded from government sources.

The courts have relied on that precedent in cases involving CNN reporter Jim Acosta, Playboy correspondent Brian Karem and the Associated Press. However, previous rulings have not established that White House press access must remain unrestricted in every circumstance.

Ted Boutrous, who represented CNN during its legal fight over Acosta’s access in 2018, is representing CNN, MS NOW and Politico in the latest case.

The three organisations have said they will continue covering the Trump administration despite the restrictions.

“CNN’s mission to report on the U.S. government will continue regardless of any attempts to restrict physical access to the White House and other government buildings, or any other attempts to impede our journalism,” CNN said in a statement.