A federal judge, Timothy Kelly, has ordered the White House to immediately restore access for CNN, MS NOW, and Politico. The judge issued a 14-day temporary restraining order, stating that President Donald Trump's directive banning the three news outlets was most likely unconstitutional. This ruling came after the news organizations filed a legal challenge, arguing their First and Fifth Amendment rights were violated when their hard passes were revoked without notice or opportunity to be heard.
The Trump administration had attempted to defend its actions by citing national security concerns and accusing the outlets of publishing false information and sensitive security details. However, Judge Kelly rejected these arguments, noting that Trump's initial announcement of the ban focused on "fake news" and the alleged negativity of the reporting, not national security. The judge also highlighted the absence of formally articulated standards for revoking press credentials, which is required by D.C. Circuit Court precedent.
The White House had sent letters to the news outlets after the ban, accusing them of publishing "sensitive security information, and misinformation" and exhibiting behavior in violation of "standards of professionalism and decorum." These letters cited specific articles, including ones about munitions stockpiles, sanctions against Russia, funding for East Wing renovations, and "negative vibes" at a Republican convention. Despite these attempts to justify the ban, Judge Kelly found that the due process offered was insufficient.
Legal briefs supporting the three outlets were filed by organizations including the Reporters Committee for Freedom of the Press, the White House Correspondents’ Association, and 49 other media groups. These briefs argued that the ban was "transparently viewpoint discriminatory" and inconsistent with the First Amendment, which protects against denying benefits based on constitutionally protected interests like freedom of speech.
