An attorney from a nonprofit that champions the First Amendment predicts President Donald Trump will lose his legal struggle with three media organizations banned from the White House. Following his announcement on Friday of the ban on CNN, MS NOW, and Politico, along with the subsequent lawsuit against him, the administration confirmed Trump’s resolve.
“I think the Trump administration will not fare well in court because its action here is blatantly unconstitutional,” stated Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression (FIRE) based in Philadelphia.
Trump used TRUTH Social on Friday to declare that employees from these organizations would be barred due to “reporting FAKE NEWS.” He believes they shouldn’t report “FICTION and LIES” when covering the President of the United States.
“There’s settled precedent that when the White House opens its doors to the press, which it has done, the First Amendment walks in too,” Terr explained. “Therefore, the administration cannot ban reporters from the White House grounds simply because it dislikes their viewpoint or deems their coverage too negative, and Trump’s statements make clear this was the reason for the ban on CNN, MS NOW, and Politico.”
Reporters and crews from these outlets relocated their equipment and continued broadcasts from Pennsylvania Avenue instead of their regular White House spots.
The White House, responding to Terr’s comments, remained firm about the ban. Former White House Press Secretary Karoline Leavitt addressed reporters in the briefing room.
On Monday morning, the outlets filed a lawsuit against Trump, seeking a temporary injunction to lift the ban and restore media credentials.
CNN was next in line for White House television pool coverage on Monday. Other pool networks, including Fox News Media, ABC News, CBS News, and NBC News, publicly declined to replace CNN.
“The public has a vital interest in receiving accurate, independent information about its government. No administration should restrict a news organization because it objects to its reporting,” stated the pool members collectively.
White House Correspondents’ Association President Jacqui Heinrich of Fox News issued a statement voicing support for the affected media outlets:
Today’s action revoking access for journalists from CNN, POLITICO, and MSNOW violates the First Amendment. The implications extend beyond these organizations: a standard used to exclude one news outlet because of its coverage could be applied to any outlet in the future. The American people, through a free and independent press, must be able to scrutinize those elected to power, regardless of whether government officials view it favorably. The WHCA calls on the administration to immediately restore our colleagues’ access.
Terr argued that while there isn’t a First Amendment right to report from the White House, past court decisions dictate that once access is granted, it can’t be revoked based on ideology.
“The principle here is that once the government provides access, it then can’t condition that access on whether you’re expressing a viewpoint that the government agrees with,” he said. “It’s a broader First Amendment principle that the government cannot retaliate against Americans for protected speech, including revoking news outlets’ access just because the president dislikes their coverage approach.”
Terr acknowledged media bias is possible but emphasized that government-controlled media could lead to far worse consequences.
The First Amendment is designed to prevent exactly that type of government control over the flow of information in a free society,” he mentioned. “The First Amendment guarantees reporters the freedom to cover the news as they see fit, and it’s up to the American public to decide the trustworthiness of their reporting on the government and other societal matters.
Peter D’Abrosca reports on politics for Fox News Digital.