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A federal judge has ordered the White House to restore access for CNN, MS NOW and Politico after President Donald Trump banned the outlets last week, ruling that the ban was “most likely unconstitutional,” NBC News reported.
U.S. District Judge Timothy Kelly issued a 14-day temporary restraining order Thursday (September 24), requiring the administration to immediately restore the outlets’ press credentials while their lawsuit against the administration moves forward.
According to NBC News, Kelly found the outlets were likely to succeed in arguing that revoking their credentials without due process was unconstitutional.
Despite the order, the Trump administration had not restored access for all affected journalists Thursday morning, The Washington Post reported.
CNN reporter Betsy Klein and a photojournalist were denied entry to the White House grounds, while another CNN producer was allowed inside. A Politico reporter also had a press pass confiscated and was blocked from entering.
Trump announced the ban Friday (September 18), accusing the outlets of publishing “fake news.” The outlets sued the administration Monday (September 21), alleging the restrictions violated their First Amendment protections and Fifth Amendment due process rights.
That same day, ABC, CBS, Fox News and NBC suspended their participation in the White House television press pool after CNN was excluded.
Kelly cited previous cases involving journalists whose White House credentials were revoked, saying the government generally must provide notice and an opportunity to be heard before taking away constitutionally protected access, according to The Washington Post.
“The ‘general rule’ is that ‘individuals must receive notice and an opportunity to be heard before the Government deprives them’” of that protected interest, Kelly wrote.
“This is a strong ruling vindicating freedom of the press, due process and the rule of law,” Theodore Boutrous Jr., an attorney representing the outlets, said in a statement, according to NBC News. “We greatly appreciate the court’s swift action.”
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