By Rita Cook
Correspondent
Texas Metro News
WASHINGTON D.C. – Outlets like CNN and Politico recently filed for a preliminary injunction ahead of an October 8 deadline to block the White House from enforcing its ban on certain media outlets.
The legal battle over the White House press ban has grown over the last few days with a new wave of court filings ahead of this critical deadline.
To be transparent there is no law that guarantees any news organization a seat on Air Force One or inside White House press conferences.
Even so, the system relies on a combination of constitutional First Amendment protections, federal court precedents, and strict administrative guidelines.
Federal appeals courts have ruled that different White House spaces carry different legal access rights.
Regarding Air Force One and the Oval Office the courts treat these as the president’s personal, secure workspaces. Because of severe space constraints and immense national security protocols, the executive branch has broad authority to decide exactly who is allowed on the plane or inside private meetings without violating the First Amendment.
The White House Press Briefing room is different. Once the government opens a designated space for daily press briefings, federal precedent dictates they cannot revoke a journalist’s access because they dislike the outlet’s reporting.
CNN, Politico, and MS NOW were not just banned from the Oval Office and Air Force one, but the entire White House complex as of September 18 when President Donald Trump issued the original order – including the press briefing room and daily press conferences.
A temporary restraining order issued by U.S. District Judge Kelly did reactivate the outlets’ physical credentials for the White House complex.
While other presidents have attempted to block journalists, it was usually triggered by a dispute over critical coverage, negative reporting, or unauthorized leaks.
The current ban is said to be unprecedented in modern history.
In the 1970s President Richard Nixon kept a personal list including several high-profile journalists from The Washington Post. It was related to the investigative reporting on the Watergate scandal, and he ordered his staff to completely ban Washington Post reporters from entering non-briefing areas of the White House. He also barred them from covering official social events and wanted the FCC to challenge the television license renewals of stations owned by the Post. His efforts failed to stop the reporting, and The Post won a Pulitzer Prize for its Watergate coverage.
Barack Obama had issue with Fox News, stating the network operated more like “the communications arm of the Republican Party” than a legitimate news organization.
In October 2009, the White House Treasury Department tried to exclude Fox News from a joint interview “pool” with executive official Kenneth Feinberg. The ban collapsed due to press solidarity when White House press pool members from CNN, ABC, CBS, and NBC would not conduct their interviews unless Fox News was allowed back in.
In his first term Trump had a heated live press conference with CNN’s chief White House correspondent, Jim Acosta about immigration policy. Later Trump officially suspended Acosta’s credentials allowing his unescorted access to the grounds. CNN filed a First Amendment and due process lawsuit and a federal district court judge ruled against the administration with Acosta’s credentials restored.
What makes the current situation different is the administration has enacted a blanket, viewpoint-based ban targeting entire news organizations from routine daily coverage. And, while a president has the right to choose his company aboard Air Force One, completely shutting the door to the White House briefing room sets up a constitutional showdown that could alter the relationship between the presidency and the press forever.
Rita Cook is a world traveler and writer/editor who specializes in writing on travel, auto, crime and politics. A correspondent for Texas Metro News, she has published 11 books and has also produced low-budget films.
