US President Donald Trump said Friday that he is banning CNN, MS NOW and Politico from the White House, accusing the three outlets of reporting what he called “FAKE NEWS,” “FICTION” and “LIES” about his administration.
Trump made the announcement in a social media post and later told reporters in the Oval Office that there was no single incident behind the decision, describing it as the result of “cumulative stories over the past few years.”
He also indicated that other outlets could face similar action, naming The New York Times and The Washington Post when asked about additional media organizations “to follow.”
However, the exact scope of the announced ban was not immediately clear, and its legality could depend on what form the restrictions take.
First Amendment Could Put Limits On White House Ban
The First Amendment of the US Constitution protects freedom of speech and freedom of the press. Legal experts cited by Reuters said a broad exclusion of news organizations because of their coverage could face constitutional challenges.
Courts have given presidents broad discretion over selective access to events such as Oval Office meetings and small press pools. However, broader exclusions from generally available White House press facilities or credentials could face stronger challenges under the First Amendment and constitutional protections for due process.
Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, said the First Amendment prohibits the president from punishing journalists because he dislikes their coverage.
Jaffer also said that if Trump intends to remove the organizations from the White House press pool, such an action would be unconstitutional because the press pool is a “public forum” and journalists cannot be excluded based on their viewpoints.
Seth Stern, chief of advocacy at the Freedom of the Press Foundation, similarly said that banning news organizations from the White House for criticizing the government would violate the First Amendment.
CNN said it stands behind its journalists and argued that it has a constitutional right to report from the White House without government interference. The network said that if Trump’s threatened ban goes ahead, it would be an “illegal assault” on that right.
Politico said it would continue reporting on the White House and future administrations and would defend its First Amendment rights against any attempt to restrict them.
MS NOW declined to comment.
Representatives of all three outlets were still seen working inside the White House on Friday afternoon following Trump’s announcement.
The Trump administration has already changed longstanding White House press-access practices, reducing access for some major news organizations while increasing the presence of newer outlets viewed as more sympathetic to the administration.
Whether Trump can enforce the announced ban will therefore depend in part on how broadly it is implemented and whether the restrictions are based on the outlets’ reporting or viewpoints.