A federal judge on Tuesday issued an indefinite preliminary injunction blocking the Trump administration from banning CNN, MS NOW, and Politico from accessing the White House press area. U.S. District Judge Timothy Kelly, appointed by President Donald Trump, granted the injunction in response to a lawsuit filed by the three outlets after Trump announced the ban in mid-September. The ruling maintains the status quo while the case moves forward, preserving the outlets’ access to the White House grounds.
Judge Cites Likely First and Fifth Amendment Violations
Kelly’s 26-page decision found that the revocation of the outlets’ hard passes likely violated their First Amendment rights to freedom of the press and their Fifth Amendment due process rights. The judge wrote that Trump’s comments suggested the ban was intended to alter the outlets’ reporting, which could deter journalists from covering the administration critically. “It is likely that President Trump’s revocation of Plaintiffs’ hard passes is the sort of action that would deter a reasonable reporter or news organization from publishing stories to which he objects,” Kelly stated.
The ruling also rejected the administration’s argument that the ban was necessary for national security or to prevent leaks of classified information. Kelly noted that the government had not provided evidence to support these claims and that the national security rationale appeared to be raised after the fact. “Still, 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,” Kelly wrote, adding that the government retains authority to address genuine national security risks.
White House Defends Decision as Response to ‘False Reporting’
The Department of Justice, representing the administration, argued that Trump’s ban was not about viewpoint discrimination but rather a response to alleged fabrication of quotes, selective editing of interviews, and reliance on anonymous sources. Senior Counsel Michael Velchik told the court that Trump had no issue with negative press if it was accurate, but opposed what he viewed as deliberate misinformation. The government also contended that the ban was necessary to prevent unauthorized disclosures of classified information, though Kelly found this claim unsupported by evidence.
Outlets and Legal Team Hail Ruling as Victory for Press Freedom
Attorneys for CNN, MS NOW, and Politico praised the decision, with lead counsel Theodore J. Boutrous Jr. stating that the ban was an unconstitutional attempt to punish outlets for unfavorable coverage. “When the President issued his ‘ban on the free press,’ he blatantly and explicitly violated due process and the First Amendment,” Boutrous said in a statement. He added that Trump’s public statements confirmed the ban was retaliation for critical reporting. The outlets’ access to the White House was temporarily restored in late September after Kelly issued a temporary restraining order, and the indefinite injunction now extends that protection.
Legal Battle to Continue as Administration Signals Possible Appeal
Trump had previously indicated that his administration would appeal if Kelly ruled against the ban. The Justice Department has not yet indicated whether it will file an appeal, though the case is expected to proceed through the legal system. The ruling marks a significant legal setback for the administration’s efforts to restrict media access, particularly at a time of heightened tensions between the White House and press organizations.
Background: Origins of the Ban
On social media, Trump announced the ban in mid-September, accusing CNN, MS NOW, and Politico of spreading “FAKE NEWS” and claiming their reporting was biased. The outlets filed suit shortly afterward, arguing that the revocation of their press credentials without prior notice or a hearing violated their constitutional rights. The case has drawn attention amid broader debates over press freedom, government transparency, and the role of media in holding power to account.