CNN, MSNOW, and Politico request permanent end to White House press exclusion

Three major news outlets filed an amended lawsuit on Wednesday seeking a permanent court order.

CNN, MSNOW, and Politico argue that the White House continues to ignore previous judicial rulings. The administration has blocked these reporters from covering President Donald Trump in the Oval Office and on Air Force One. This exclusion keeps them out of the rotating press pool assigned to cover the president.

The outlets claim the ban constitutes retaliation against specific reporting. Theodore J. Boutrous Jr., the attorney representing the group, stated that the White House is blocking access in the locations where the president most frequently interacts with the press. The legal team asserts that this ongoing refusal violates the free speech rights of the journalists.

The core legal dispute centers on whether a president can punish news organizations based on the content of their coverage. The plaintiffs describe the exclusion as viewpoint discrimination, a practice forbidden by the First Amendment. They argue that the government cannot take action against speech it dislikes. Trump has maintained that he is not required to allow outlets with unfavorable coverage onto White House grounds or Air Force One.

Judge Timothy Kelly of the U.S. District Court previously ruled in favor of the news organizations. On October 13, Kelly expanded a temporary ruling that found the administration violated the outlets' Fifth Amendment right to due process. He also agreed with the argument that the ban breached their First Amendment free speech rights. The judge rejected the president's claim that the ban served policy goals like national security. Kelly wrote that the ban resulted from Trump's belief that the reporting was inaccurate and biased, calling it unlawful viewpoint discrimination.

The latest filing asks the court to make those previous orders permanent. The outlets noted in the document that every news organization now faces the risk of similar punishment for coverage the president deems insufficiently favorable. They added that the public is deprived of current and complete information about its government. The White House had not responded to the amended lawsuit as of Thursday morning.