Suit argues credential revocation was retaliation for news coverage
The three news organizations said in a statement Monday 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.” Separately, the outlets said the White House had, “Without notice or process, … revoked our journalists’ credentials because it objected to our reporting,” and warned that “Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”
In their complaint and request for a temporary restraining order, the plaintiffs argue that once the White House has granted access to journalists, those privileges cannot be rescinded based purely on viewpoint considerations. The suit alleges that the administration took the action “in express retaliation for Plaintiffs’ First Amendment-protected newsgathering and speech because they dislike that speech’s content and viewpoint, and for the express purpose of excluding journalists and news organizations with editorial viewpoints disfavored by the Trump administration from the White House grounds.” The plaintiffs further allege that they were denied the opportunity to contest the ban as required by the Fifth Amendment.
The plaintiffs cited prior rulings that, they argue, favor their position. A federal court returned CNN correspondent Jim Acosta’s press pass after the White House revoked it during Trump’s first term, and a separate ruling restored the credentials of Brian Karem, then of Playboy magazine, in a similar dispute.
Trump announced the ban in a post on Truth Social on Friday, writing that the action was “a result of their constant ‘reporting’ FAKE NEWS.” Trump added: “Media Outlets shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States, the Trump Administration, or the United States of America.” He also wrote that “Other Fake News Media Outlets to follow,” though only the three organizations named in the lawsuit have so far had their credentials revoked. In a subsequent appearance at the White House, Trump referred to his move as a “ban on the free press.”
Citing Trump’s own words, the news organizations wrote in their complaint that “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 credential revocations took effect Saturday morning when journalists from MS Now and CNN attempted to enter the White House and were told their badges had been disabled. CNN had been scheduled to serve as the television pooler Monday and was set to accompany Trump to New York for the United Nations General Assembly, but the White House removed the network from the five-member pool group that provides video of the president’s activities to the rest of the news media.
“Since Plaintiffs’ White House access was suddenly terminated on September 18, they have been suffering serious irreparable harm,” the news organizations wrote in their motion. “They have already lost opportunities to perform their constitutionally protected newsgathering and reporting functions at the White House, impairing their ability to speak and publish as members of the press — and they lose more such opportunities every day that the ban remains in effect.”
In a Truth Social post responding to news of the pending lawsuit, Trump wrote: “The White House is not instituting an assault on the Free Press, something which I cherish. It is instituting an assault on the FAKE NEWS, something that has grown like Cancer in our beloved United States of America. It is corrupt, purposeful, pervasive, fully coordinated, and totally out of control. It is a threat to our National Security, and must be stopped, NOW!”
The Knight First Amendment Institute at Columbia University announced its support for the news organizations’ lawsuit on Monday. “We’re glad to see that these news organizations are suing,” said Jameel Jaffer, the organization’s executive director. “The president’s decision to bar them from the White House for the content of their reporting is a flagrant violation of the First Amendment. It’s an attack both on press freedom and the public’s right to independent information about the government. We will support these news organizations in court.”
The Guardian has reached out to the White House for comment on the planned lawsuit.