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Three major news outlets lose White House access

Monday, Sep 21

Image: The Mirror

On Friday, President Trump barred three major news organizations—CNN, MS NOW, and Politico—from White House grounds over what he characterized as “fake news” and persistently negative coverage of his administration.

The ban went into effect Saturday, when reporters from all three organizations were turned away from the White House and had their press credentials deactivated or confiscated.

Reporters from those orgs are currently prevented from accessing White House grounds for briefings, presidential events, and other reporting opportunities available to credentialed members of the press.

It isn’t the first press access fight

During President Trump’s first term, the White House revoked reporter Jim Acosta’s press pass following a contentious news conference. CNN promptly sued, and a federal judge ordered his credentials restored.

Other more recent examples:

  • The Trump admin restricted the Associated Press’ access to some presidential events last year, after it continued using the name “Gulf of Mexico” instead of “Gulf of America.” A federal judge ordered the AP’s access restored, though an appeals court later paused the ruling amid an ongoing legal battle.
  • The Defense Department last year introduced new rules governing press access and credentials. Most major news organizations refused to sign the policy, and a federal judge later blocked key parts of it.

Driving the moves: The Trump admin argues that freedom of the press under the Constitution doesn’t guarantee journalists access to the president or government facilities. Officials have pointed to Zemel v. Rusk, a 1965 Supreme Court case holding that the right to publish doesn’t come with an unrestricted right to gather information.

Recent federal appeals court rulings have also recognized that the White House has broad discretion over access to certain presidential events and can place reasonable restrictions on its press areas.

On the flip side: The three outlets and press-freedom advocates argue the bans amount to “viewpoint discrimination,” or the government singling out certain people or organizations based on what they say or publish, due to the fact that President Trump explicitly tied their bans to coverage he considers negative or false.

A 1977 federal appeals court ruling found that while the White House doesn’t have to provide organizations with press access, it also can’t arbitrarily deny access to an otherwise credentialed journalist once press facilities have been established.

Worth mentioning: Five news networks—ABC, CBS, CNN, NBC, and Fox News—rotate as the designated TV crew for presidential events, and share the financial costs. In 2009, the Obama admin attempted to exclude Fox News from a set of pool interviews regarding executive pay, but backed down before any ban was enacted when the other four TV networks refused to participate in solidarity.

Looking ahead… CNN, MS NOW, and Politico are preparing to file legal challenges over Trump’s ban in the coming days. CNN is also scheduled to provide TV pool coverage for President Trump’s UN trip this week, potentially setting up a clash with the White House.

📊 Flash poll: Do you think the White House should be allowed to revoke press access for news organizations based on their coverage?

See a 360° view of what pundits are saying →

Democratic donkey symbol

Sprinkles from the Left

  • Some commentators argue that politicians in both parties are undermining a free press by using government power to punish or protect media outlets based on their political leanings. They argue that preserving press freedom requires allowing people to decide for themselves which news sources to trust, rather than letting politicians shape the media landscape to their advantage.
  • Others contend that restricting journalists’ access to government officials makes it harder for the press to independently scrutinize those in power, especially when access depends on accepting limits on how reporters gather information. They argue that journalists need the freedom to question officials and seek information beyond approved government statements to give the public a more complete picture of what its leaders are doing.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that government efforts to intimidate or restrict the press are especially dangerous, because similar tactics have been used by administrations of both parties to discourage reporting they would rather keep out of public view. They argue that protecting journalists’ ability to investigate government officials is essential to preserving the public’s ability to hold those in power accountable.
  • Others contend that government officials threaten press freedom when they use their power to punish news organizations over coverage they dislike, creating a precedent that future administrations of either party could use against critical media.
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