A federal appeals court has ruled that President Donald Trump can exclude journalists from the Oval Office, Air Force One and other “restricted” spaces based on their editorial decisions, handing the administration a win in its fight with the
Associated Press over access.
In a
2-1 order on Friday, the US Court of Appeals for the DC Circuit halted a lower-court judge’s order that had restored the wire service’s ability to participate in a rotating pool of reporters who cover the president’s daily movements.
The news agency sued the Trump administration in February when the White House press office started limiting the access of AP reporters and photographers after the wire service refused to update its style guide to rename the “Gulf of Mexico” the “Gulf of America” following a Trump executive order.
A Washington federal judge’s order forcing the White House to reinstate the AP’s access took effect April 14 after the appeals court didn’t immediately intervene. The AP next could ask the full bench of active judges of the DC Circuit to reconsider the panel’s order or ask the US Supreme Court to immediately intervene.
A lawyer for the AP and a White House spokesperson did not immediately respond to requests for comment.
Judge Neomi Rao wrote in the majority opinion that the lower court’s decision “impinges on the president’s independence and control over his private workspaces.” The panel did leave in place part of the original order that required the AP to still have access to the East Room in the White House, which was usually open to a broader group of reporters.
“Throughout our nation’s history, presidents have held crucial meetings and made historic decisions in the Oval Office and on Air Force One,” wrote Rao, joined by Judge Greg Katsas. “On occasion, they have welcomed the press to observe. But these restricted presidential spaces are not First Amendment fora, and the President retains discretion over who has access.”
Rao and Katsas were nominated by Trump in his first term. Judge Nina Pillard, appointed under former president Barack Obama, dissented.
Historically, the AP has been part of a small, rotating pool of media outlets that cover the president’s day-to-day activities as well as events open to larger groups of credentialed media outlets.
In an April 8 order, US District Judge Trevor McFadden ruled that the AP was likely to succeed in arguing that the Trump administration violated the First Amendment of the US Constitution by singling out one media outlet based on its editorial choices. He said that officials remained free to exclude journalists from one-on-one access to Trump, but that they couldn’t kick out the AP if it allowed in its peers.
The case is Associated Press v. Budowich, 25-5109, DC Circuit Court of Appeals (Washington)
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