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Trump bans CNN, MS NOW and Politico from the White House, touching off a First Amendment lawsuit and a full TV pool blackout

All five broadcast networks suspended pool coverage Monday after Trump revoked credentials for three major outlets. A federal judge has set a Wednesday hearing on a temporary restraining order.

President Donald Trump's decision to ban three major news outlets from the White House triggered the most serious confrontation between an American president and the Washington press corps in decades. By Monday afternoon, CNN, MS NOW and Politico had filed a First Amendment lawsuit in federal court in Washington. Every major broadcast television network had pulled its pool cameras. And a Trump-appointed judge had set an emergency hearing for Wednesday.

The sequence began Friday, September 18, when Trump announced on Truth Social that he was barring CNN, MS NOW and Politico from the White House, citing what he called their "constant 'reporting' fake news." Trump said on social media Friday, Sept. 18, that he was banning CNN, MS NOW and Politico "effective immediately" from the White House. On Saturday, White House reporters Betsy Klein of CNN and Akayla Gardner of MS NOW went live to report they had been turned away, their press badges deactivated. Politico said its White House reporter Cheyenne Haslett was also denied entry and had her badge confiscated.

The three organizations moved fast. MS NOW, CNN and Politico sued President Donald Trump Monday morning in Washington, D.C., federal court, seeking to reverse his total ban on those three media outlets from the White House. Journalists from the outlets were prevented from entering the White House on Saturday and had their credentials taken away, a day after Trump announced he would bar them from working there.

What the lawsuit says

In the complaint, the plaintiffs argue the White House violated their First Amendment rights by blocking them in retaliation for their reporting and discriminating against their viewpoint, and their Fifth Amendment rights for banning them without due process. The outlets' joint statement was direct: "This morning, we notified the government that we are filing a lawsuit today to protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes. Without notice or process, the White House revoked our journalists' credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public's right to independent journalism free from government interference."

Such a move would be "viewpoint discrimination" that courts have held violates free speech rights under the First Amendment. A 1977 U.S. Court of Appeals ruling, still in force today, holds that reporters cannot be barred from the White House or denied a permanent White House press pass without a clear explanation from the Secret Service that incorporates due process.

The civil case has been assigned to D.C. District Judge Timothy Kelly, who in 2018 oversaw former CNN correspondent Jim Acosta's lawsuit that similarly sought to restore his press pass. At the time, Judge Kelly, a Trump appointee, ruled in Acosta's favor after finding that the Trump White House did not afford him proper due process in revoking his credentials.

Judge Timothy Kelly later Monday ordered the Department of Justice to respond to the outlets' request for a temporary restraining order against the ban by Tuesday. Kelly scheduled a videoconference hearing on the outlets' request for 3:30 p.m. ET Wednesday. The judge was nominated by Trump to the federal bench in 2017.

Trump, for his part, was not subtle about his read on the case. Trump blasted U.S. District Judge Timothy Kelly, whom he appointed in 2017. Kelly in 2018 ruled in favor of CNN's then-chief White House correspondent Jim Acosta after the White House stripped Acosta of his press credentials. Kelly at the time ordered the administration to temporarily return Acosta's press pass. The White House acquiesced days later, returning the reporter's pass permanently. Trump wrote on Truth Social that "almost without question and, as usual, we'll go for appeal."

Every network pulled its cameras

The ban's immediate operational effect was stark. Monday had been CNN's assigned turn in the broadcast pool rotation, and the network could not fulfill it. The other pool members refused to step in.

In an unprecedented move, four of the five TV networks that provide White House pool coverage of President Donald Trump, ABC News, CBS News, NBC News and Fox News, joined in solidarity with CNN, which is the fifth TV pooler, announcing they are suspending coverage of the president at events because of his ban of CNN. "The public has a vital interest in receiving accurate, independent information about its government," the five networks said in a joint statement Monday. "No administration should restrict a news organization because it objects to its reporting."

The message suspending coverage came from an unlikely sender. Bryan Boughton, Fox News' Washington bureau chief and the current White House TV pool chair, wrote in an email to the other networks: "This is to advise that, effective today, the TV pool will not be covering events designated as pool coverage of the President. This follows the White House's position preventing CNN from fulfilling its assigned pool duties. There will be no replacement pool put in place." He added that all other pool coverage, including Congress, VIPs, and selected events in Washington, would continue as normal.

The practical result was visible at the United Nations General Assembly, where Trump traveled Monday. Trump was inaudible during a press conference as a result of the suspended coverage. Print and photo journalists did not suspend their pool coverage of the president. The Washington Post and New York Times said Monday that they would not publish photographs of presidential events until midnight, joining what the Post described as a "collective effort with photographers in other newsrooms" to show support for outlets banned from the White House.

CNN secured its place in the White House TV pool after suing the Reagan administration and ABC, CBS and NBC in 1981. The pool later expanded to include Fox News. There is no modern precedent for all five networks simultaneously withdrawing.

Trump's defense

The White House did not submit a formal legal response Monday. Trump addressed the lawsuit through Truth Social. When asked in the Oval Office if the media ban is likely to be struck down in court, Trump responded: "I think it's good to point it out whether it survives or doesn't. I don't think that a court should allow fake news to be written day after day after day." He also said on Friday: "If they want to write them, that's fine. I don't have to let them into the people's house."

Vice President J.D. Vance, when asked about the lawsuit, argued that Trump is not "banning" media outlets. The White House press office, reached by NBC News for comment, directed NBC News to Trump's Truth Social post defending the move Monday morning.

Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University, did not mince words. "The president's decision to bar news organizations from the White House for the content of their reporting is a flagrant violation of the First Amendment," said Jaffer, whose institute is filing a brief to support the lawsuit.

The White House Correspondents' Association president, Jacqui Heinrich, called on the Trump administration to immediately restore the three outlets' access. Heinrich is also Fox News' senior White House correspondent.

Trump said last Friday, when he announced the ban, that he might add others to the list. He has not specified which outlets could be next.

What to Watch

  • Wednesday, 3:30 p.m. ET: Judge Timothy Kelly has set a Wednesday hearing on CNN, MS NOW and Politico's motion for a temporary restraining order for Trump's White House coverage ban. The hearing will take place Wednesday at 3:30 p.m. ET via videoconference. Kelly has ordered the Trump administration to respond to the news organizations' claims by Tuesday. The same judge's 2018 ruling in the Acosta case is the closest precedent, and it went against the administration.
  • Due process question: The plaintiffs argue the White House violated their Fifth Amendment rights for banning them without due process, in addition to the First Amendment claim. Whether the administration can articulate a lawful process for the revocations will be central at Wednesday's hearing.
  • Pool restoration: The lawsuit by CNN, MS NOW and Politico is seeking a return of full access to the White House for their journalists and to operate the video pool, as previously planned. If the judge issues a temporary restraining order, cameras could return to the White House as early as this week. If he does not, the TV blackout of presidential events continues with no set end date.
  • Trump's appeal threat: Trump reacted to Kelly's assignment to the case in a social media post Monday, suggesting Kelly would rule against him and an appeal was forthcoming. Any appeal would go to the U.S. Court of Appeals for the D.C. Circuit.

Sources: NPR | CNBC | CNN | Axios | Fox News | ABC News | NBC News | PBS NewsHour | MS NOW | Variety | Time | OPB/NPR