The outlets have returned under a 14-day temporary order, but their First Amendment lawsuit remains unresolved.
Journalists from CNN, MS NOW and Politico regained access to the White House on Thursday after a federal judge temporarily blocked the administration’s ban.
U.S. District Judge Timothy Kelly ordered officials to immediately restore the organizations’ White House press credentials. Reporters initially encountered delays at the gates Thursday morning but were readmitted by midday.
The temporary restraining order lasts 14 days. Kelly found that the outlets were likely to succeed in showing that their credentials had been revoked without adequate notice or an opportunity to respond, violating constitutional due-process protections.
Kelly did not decide whether the ban violated the First Amendment’s protections for speech and the press. The outlets have until September 28 to request a preliminary injunction that could preserve their access for the remainder of the lawsuit.
President Trump announced the ban September 18 after accusing the organizations of repeatedly reporting “fiction and lies.” Justice Department attorneys argued that White House access is a privilege and cited reports the administration said threatened national security.
Kelly said the record did not demonstrate that national-security concerns were the actual reason for revoking the credentials. He also said the government must establish clear standards governing when a White House press pass may be withdrawn.
CNN, MS NOW and Politico contend they were punished because the administration objected to their coverage. The administration may appeal if Kelly grants a longer-lasting injunction.
