Trump-Appointed Federal Judge Restores AP’s Access to the White House

In February, the Associated Press (AP) was banned indefinitely from the White House and Air Force One over its stylebook entry for the Gulf of Mexico, setting off a series of legal challenges. Today, a U.S. federal judge sided with the Associated Press, ruling that because of the First Amendment, the government cannot bar journalists from certain government events because of their viewpoints.

As Axios notes in its coverage, this case is not only a significant victory for the AP but a major win for free press across the board and an important litmus test for the limits of the Trump administration’s attempts to curtail the press. The White House has also recently made waves for breaking a century of precedent and controlling which outlets have access to the President, control that has historically been within the purview of the White House Correspondents’ Association (WHCA).

As part of his decision filed today, United States District Court for the District of Columbia judge Trevor N. McFadden, a President Trump appointee in 2017, said, “[T]he Court simply holds that under the First Amendment, if the Government opens its doors to some journalists — be it to the Oval Office, the East Room, or elsewhere — it cannot then shut those doors to other journalists because of their viewpoints. The Constitution requires no less.”

Judge McFadden’s ruling also says there are “various permissible reasons” why the government may exclude journalists from limited-access events. The ruling also does not prohibit any government officials from “freely choosing which journalists to sit down with for interviews or which ones’ questions they answer.”

The AP may not regain the access it once “enjoyed under the WHCA,” but the White House “cannot” treat the AP “worse than its peer wire services either.”

At the end of the 41-page opinion, Judge McFadden says that the AP’s motion for preliminary injunction, which was previously denied pending further review, is now granted.

“Defendants shall immediately rescind the denial of the AP’s access to the Oval Office, Air Force One, and other limited spaces based on the AP’s viewpoint when such spaces are made open to other members of the White House press pool,” the judge concludes.