On 18th September, United States President Donald Trump implemented a ban preventing journalists from CNN, MS NOW and Politico from accessing the White House. However, a federal judge has now determined the order to be likely unconstitutional and directed him to revoke his decision. The media organisations had filed a lawsuit disputing the ban, which led to the ruling pronounced by District of Columbia Judge Tim Kelly on 24th September (Thursday).
He prohibited officials from imposing the restriction for 14 days and directed the Trump administration to promptly return the press permits of the media groups. The administration argued that national security considerations were the driving force behind the prohibition, but the judge dismissed this claim.
Kelly stated, “The record lacks factual support for defendants’ contention that the revocation of plaintiffs’ hard passes will in fact protect national security or that national security will be endangered if the court orders their passes reinstated while this litigation proceeds.” He further conveyed that Trump himself charged that the “alleged lack of truthfulness and negativity” of the publications was the reason for the move.
On Wednesday, Kelly stated that two judgements from the US Court of Appeals for the District of Columbia Circuit established the right of journalists to due process prior to the revocation of their White House press passes. The court remarked that it didn’t seem like the White House had given the targeted news organisations a significant chance to challenge the removal of their access.
Kelly was told by the petitioners that they were banned without the legally mandated warning or opportunity to dispute the decision, which was characterised as unprecedented, irrational and grave penalties.
According to a Justice Department lawyer, the Trump administration offered a satisfactory reason for the withdrawal of press permits in letters delivered to news outlets on Tuesday. However, the judge expressed doubt about that assertion, pointing out that the letters were delivered after the case was submitted.
The Justice Department contended in a court filing on Tuesday that the president has the authority to deny press organisations, referring to the access as a privilege rather than an entitlement.
Furthermore, a legal brief endorsing the three news outlets was presented by a coalition of press freedom groups and several news organisations on Wednesday. They accused that “stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence.”
The three media outlets brought a lawsuit against Trump and other members of his administration in federal court in Washington on 21st September (Monday), contending that the ban violated their due process rights and the First Amendment’s guarantees of free speech and the press. They asked for a temporary restraining order that would allow them access of the White House promptly while they pursue the legal route.
“I am proud to announce that, effective immediately, I am banning Fake News CNN, MSNOW (who recently changed their name from MSNBC due to lack of viewership and credibility!), and Politico (The recipients of an illegal and ridiculous $8 Million Dollar subscription, an all-time record, directly from the United States Government, under Crooked Joe Biden, in order to keep them ‘alive.’ Seems like corruption to me!), from the White House as a result of their constant reporting FAKE NEWS,” Trump had accused in a social media post while conveying about the ban.
“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. Other Fake News Media Outlets to follow,” he added.
According to Trump, no particular article or segment was the reason for the ban, saying that “it’s really just cumulative stories over the last two years. You get sick of it.” He also hinted that other similar platforms might be subjected to the same decision in the future. He expressed, “Others to come in terms of fake news? Well, you know, the New York Times is fake news, the Washington Post is fake news.”
