The Justice Department is contesting a preliminary injunction request from CNN, MSNBC, and Politico regarding White House press access.
Key facts
- •The DOJ claims the President can restrict access if journalists do not meet standards regarding source identification and factual accuracy.
- •The news outlets argue the ban violates their First and Fifth Amendment rights and serves to chill critical reporting.
- •Judge Timothy Kelly previously granted a temporary restraining order, citing a lack of due process provided to the outlets.
- •The DOJ maintains that letters sent to the outlets on September 22, four days after the ban began, constituted sufficient due process.
- •A hearing regarding the request for a preliminary injunction is set for Thursday.
The U.S. Department of Justice has argued that the President holds the authority to restrict CNN, MSNBC, and Politico from White House grounds if they fail to meet professionalism standards. This filing comes as the three news outlets seek a preliminary injunction to extend a temporary restraining order that previously forced the reinstatement of their reporters' hard passes.
Legal Arguments and Precedent
U.S. District Judge Timothy Kelly is presiding over the case and has noted he is bound by the 1977 D.C. Circuit precedent, Sherrill vs. Knight. That ruling established that press access cannot be denied arbitrarily or without compelling reasons. The DOJ contends that the White House maintains a compelling interest to restrict outlets that do not commit to factual accuracy, rely on anonymous sources, or interfere with daily operations by publishing sensitive national security information.
Outlets' Response and Ongoing Restrictions
Legal counsel for the news organizations, led by Theodore Boutrous Jr., argues that the ban is an attempt to coerce favorable coverage and punish reporting viewed as negative by the administration. Despite the temporary reinstatement of access, the outlets report that the White House continues to restrict CNN from TV pool assignments and travel on Air Force One. Judge Kelly has scheduled a hearing for Thursday to address the motion for a preliminary injunction.
Timeline
- 1977The D.C. Circuit issued the Sherrill vs. Knight opinion regarding press access.
- September 18The White House ban on the news outlets was initiated.
- September 22The White House sent letters to the outlets regarding the ban.
- Last monthA federal judge granted a temporary restraining order to reinstate reporter hard passes.
- FridayThe DOJ filed a court document arguing the President can restrict access.
- ThursdayA hearing is scheduled regarding the preliminary injunction.
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This article was independently rewritten by ManyPress editorial AI from reporting originally published by Deadline.
