Judge Extends White House Access for CNN, MS NOW and Politico, Rules Press Ban Likely Violates First Amendment

A federal judge ruled Tuesday that the Trump administration must continue to allow journalists from CNN, MS NOW and Politico to access the White House while their lawsuit over the president’s press ban moves forward.

U.S. District Judge Timothy Kelly said the ban likely violated the First Amendment. In his opinion, Kelly wrote that President Donald Trump’s own comments explaining the ban showed a “likely causal link between Plaintiffs’ protected First Amendment speech and his revocation of their hard passes.”

The ruling takes the form of a preliminary injunction. It replaces the temporary restraining order Kelly issued in late September and will stay in place until he reaches a final judgment in the case, unless an appeals court lifts it. The Justice Department filed a notice of appeal on Wednesday.

The ban grew out of the president’s own words

Kelly’s opinion leaned heavily on what Trump himself said. The judge found the president likely banned the outlets because he considered their reporting inaccurate and biased against him. Trump announced the ban on social media on Sept. 18, telling reporters that same day he was frustrated by what he called “fake news” and by cumulative coverage from the three outlets over several years.

In court filings, Justice Department lawyers argued the ban also had a national security basis, pointing to the outlets’ stories about the Iran war, construction of a ballroom at the East Wing and the midterm Republican convention. Kelly rejected that argument, writing that there was “no evidence in the record” that Trump decided to revoke the hard passes on national security grounds.

The judge also found that the administration never submitted any information, even under seal, to back the national security claim. Kelly added that his ruling should not be read as leaving the government powerless when classified information is unlawfully disclosed.

Media groups call it a win for press freedom

CNN chairman and editor-in-chief Mark Thompson called the ruling “a vote of confidence in free speech” and in the public’s right “to hear their political leader held to account by the press.” The outlets’ attorney, Theodore Boutrous Jr., said in a statement that the ban’s harm to his clients, the First Amendment and the public as a whole was profound.

The Reporters Committee for Freedom of the Press said the ruling protects not only the three outlets but all other White House pass holders who kept working under the threat of retaliation. In a recent interview with TIME, Trump suggested The New York Times could be next to face a ban.

A White House official responded that the three outlets can report on the president from outside the White House grounds, calling their coverage a disservice to the public. The legal fight is not over: a trial could still come, and the administration’s appeal is now underway.

Reporting based on coverage by CNN, Reuters and USA Today.