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CNN, MS NOW, Politico sue Trump over White House press ban

Three outlets challenge the constitutionality of Trump's sudden revocation of their access, citing due process and First Amendment violations.

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What to know

  • Trump banned CNN, MS NOW, and Politico from White House access Friday, citing fake news; the three outlets immediately sued Monday claiming violations of due process and the First Amendment.
  • The case goes before Judge Timothy J. Kelly, the same Trump-appointed judge who blocked Trump's 2018 attempt to revoke Jim Acosta's press credentials, establishing that due process protections apply to press pass revocations.
  • Precedent from Sherrill v. Knight (1977) and Karem v. Trump (2020) requires the government to provide advance notice, opportunity to rebut, and written justification before revoking press credentials—protections the outlets argue Trump bypassed entirely.

“whatever process occurred within the government is still so shrouded in mystery that the Government could not tell me at oral argument who made the initial decision to revoke Mr. Acosta's press pass.”

Judge Timothy J. Kelly, U.S. District Judge · Reason ↗ · Dec 31

Donald TrumpDonald Trump PresidentCNN News outletMS NOW News outletPolitico News outletJudge Timothy J. Kelly U.S. District Judge

CNN, MS NOW, Politico sue Trump over White House press ban
reason.com

How it unfolded 1 development · click the chart to see its coverage articlesposts

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  1. 1

    Lawsuit echoes Trump's 2018 press credential battle

    The case is assigned to Judge Timothy J. Kelly, a Trump appointee who in 2018 blocked Trump's revocation of CNN reporter Jim Acosta's press pass. Under precedent from Sherrill v. Knight (1977) and Karem v. Trump (2020), due process requires advance notice, an opportunity to rebut, and a written decision before revoking press credentials.

    “News organizations "shouldn't be able to constantly write or report FICTION and LIES when they're covering the President of the United States, the Trump Administration, or the United States of America."”
    — Donald Trump, President · source
  2. background

    CNN, MS NOW, Politico file federal lawsuit challenging ban — The three outlets filed suit in U.S. District Court for the District of Columbia, arguing the ban violates due process under the Fifth Amendment and freedom of the press under the First Amendment.

  3. background

    Trump bans CNN, MS NOW, Politico from White House — President Trump announced he was "proud to announce" an immediate ban of the three news outlets from the White House, saying it was "as a result of their constant 'reporting' [of] FAKE NEWS!"