A federal judge has extended an order blocking President Donald Trump’s administration from banning reporters for three news outlets from the White House, broadening his support for the journalists by arguing that the restriction violates their constitutional rights to free speech as well as due process.
U.S. District Judge Timothy Kelly ruled that CNN, MS NOW and Politico are likely to succeed in the case pitting the president against the news outlets that cover him. In a victory for the journalists, Kelly expanded a previous, temporary ruling that the administration had violated the news outlets’ Fifth Amendment right to due process.
In a late-night ruling Tuesday, he also sided with a second argument by the outlets: that Trump’s ban breached their First Amendment right to free speech.
Kelly rejected Trump’s reasoning that the ban was driven by policy goals, such as protecting national security. He argued the ban was the result of Trump’s stated belief that the outlets’ reporting was inaccurate and biased.
“Simply put,” Kelly wrote, “That is unlawful viewpoint discrimination” — the government taking action against types of speech or coverage it does not like.
“Still,” he added in his late-night order, “no one should interpret the Court’s decision to suggest that President Trump’s concerns about accuracy and fairness in the media’s reporting are unfounded, or that the government is powerless when its true aim is to protect national security when classified information is unlawfully disclosed.”
But Trump’s standoff with the press is far from over. Kelly’s order did not address whether Trump can ban the three outlets from the rotating pool of broadcast networks that cover the president in tight spaces and share the reporting. The fight reflects Trump’s increasing combativeness against news outlets and reporters whose content he does not like — including sharply curtailing Pentagon access for the press corps that covers the Defense Department.
The case of the three news outlets is increasingly messy and expensive. After the five-outlet rotating pool stood by CNN and canceled its coverage of Trump, the Justice Department over the weekend announced it was investigating whether those five companies violated antitrust laws in doing so.
Kelly’s ruling stood largely by the news outlets. He wrote that without a preliminary injunction blocking Trump’s ban, the outlets “are likely to suffer irreparable harm, and that the balance of the equities and the public interest tip in their favor.”
An email to the Justice Department, which is arguing the case on behalf of the administration, was not returned. The White House also did not respond to an email requesting comment.
Kelly, who was nominated to the bench by Trump, previously ordered the White House to restore the reporters’ “hard pass” press credentials while he weighed their claims. With that temporary order expiring Tuesday, the judge issued a preliminary injunction that preserves the status quo indefinitely while the case is pending.


PREVIOUS ARTICLE