President Donald Trump has achieved another significant victory against the mainstream media, as a U.S. federal appeals court has determined that a lower court’s order requiring Associated Press journalists to be granted access to White House media events should be temporarily halted.
The 2-1 decision, issued by the U.S. Court of Appeals for the D.C. Circuit, imposes a temporary suspension on an order that was initially established by U.S. District Judge Trevor McFadden. On April 8, Judge McFadden ruled that the administration was obligated to permit AP reporters access to the Oval Office, Air Force One, and the White House while the news organization’s lawsuit was ongoing.
The Trump administration faced a lawsuit from the AP after the White House expelled them due to their choice to continue referring to the Gulf of Mexico by its original name rather than the Gulf of America. Attorneys representing the AP argued that the policy preventing them from accessing these events violated the First Amendment of the U.S. Constitution, asserting it infringed upon free speech rights.
Legal representatives for the Trump administration contended that the president possesses complete authority over which media outlets and individuals are granted access to the White House. They emphasized that McFadden’s ruling encroached upon President Trump’s prerogative to determine who may enter sensitive areas.
“The Constitution does not prevent the President from taking into account a journalist’s previous coverage when assessing the level of access to be granted to that journalist,” the administration’s lawyers stated in a court filing.
On April 16, the Associated Press (AP) accused the Trump administration of violating a court order by persistently excluding its journalists from certain events and subsequently restricting access to Trump for all news wire services, including Reuters and Bloomberg. Both Reuters and the AP released statements condemning the new policy, which places wire services in a broader rotation alongside approximately 30 other newspaper and print outlets,” Reuters reported.
One of the justifications put forth for permitting the AP to participate in media events is that smaller, local news organizations lacking a presence in Washington rely on wire services to obtain real-time updates regarding statements made by the president, as well as information about global financial markets.
One aspect of the ruling addresses all of the AP’s objections: “We partially grant the government’s motion for a stay pending appeal. The White House is likely to prevail on the merits because these restricted presidential spaces do not constitute First Amendment forums designated for private speech and discussion. Consequently, the White House retains the discretion to determine, including based on viewpoint, which journalists will be allowed entry. Furthermore, without a stay, the government will experience irreparable harm as the injunction infringes upon the President’s autonomy and authority over his private workspaces.”
