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Politics · San Antonio

Judges Order Trump To Stop Penalizing CNN, MSNOW And Politico

Three news outlets filed a motion on Wednesday seeking to make a ruling against the White House permanent after the administration continued to block their reporters from the presidential pool.

By Jack Weber ·

Illustration for: Judges Order Trump To Stop Penalizing CNN, MSNOW And Politico
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Three major news organizations are asking a federal court to make a ruling against the White House permanent. CNN, MSNOW, and Politico filed an amended complaint on Wednesday. They argue the administration is defying existing judicial orders.

The dispute centers on access to President Donald Trump. The outlets claim the White House refuses to let their reporters cover the president in the Oval Office and on Air Force One. Attorney Theodore J. Boutrous Jr. stated the administration continues to block these journalists from the locations where the president most frequently engages with the press.

The legal team asserts the president is retaliating against the outlets for reports he dislikes. This action, they argue, violates the First Amendment’s free speech protections. The filing characterizes the ban as viewpoint discrimination. This concept forbids the government from punishing specific types of speech or coverage.

The case traces back to a ruling by U.S. District Judge Timothy Kelly. On October 13, Kelly found that the outlets were likely to succeed in their challenge. He expanded a previous temporary order that had found a violation of the Fifth Amendment right to due process. Kelly also sided with the outlets on their First Amendment argument. He rejected the White House claim that the ban was necessary for national security or other policy goals.

In his opinion, Kelly described the ban as the result of Trump’s stated belief that the reporting was inaccurate and biased. Kelly wrote that this constitutes unlawful viewpoint discrimination. The government is taking action against coverage it does not like. The new filing seeks to lock in this protection permanently.

The president maintains that he does not have to allow news outlets with unfavorable coverage onto White House grounds. He also insists they do not need access to Air Force One or other areas. The White House had not responded to the amended lawsuit as of Thursday morning. The filing notes that every news organization now faces the risk of similar punishment if the president deems their coverage insufficiently favorable.

The outlets warn that the public is deprived of current and complete information about its government. They argue the current situation sets a precedent for punishing press organizations based on content. The court will now decide whether to convert the temporary relief into a permanent injunction.

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