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3 Banned Outlets Announce Suit Against Trump

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‘Chilling Effect’ Has Begun; Constitution Said to Be Flouted

“Three news organizations — MS NOW, CNN and Politico — are suing President Donald Trump and several top administration officials for blocking reporters’ access to the White House, alleging that the ban constitutes viewpoint discrimination that violates the First Amendment,” Fallon Gallagher reported Monday for MS NOW.

“The news outlets on Monday are asking a federal judge in Washington, D.C., to immediately block the ban and restore both press credentials and access to the affected journalists. On Saturday, reporters for each of the news organizations, including MS NOW, attempted to enter the White House and their badges were confiscated.

reported for CNN, “CNN, MS NOW and Politico reporters are unable to access their workspaces inside the White House. CNN and MS NOW are also blocked from using their television equipment and camera locations on the grounds.

“CNN was removed Monday from pooled coverage responsibilities that are shared by major news outlets. CNN was scheduled to have TV pool duty and travel with the president to New York on Monday.”

Gallagher continued for MS NOW, “The President banned CNN, MS NOW, and POLITICO, and the individual reporters covering the news for those media organizations, in disregard of the most basic guarantees of the First Amendment and the Due Process Clause,” the lawsuit says. “He did so expressly for the improper purpose of retaliating against Plaintiffs for past news coverage because he deemed it ‘negative’ and chilling future reporting about him and his administration’s policies and actions.”

“This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles,” the complaint continues.”

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The National Association of Black Journalists has joined other media groups in protesting the White House action. So have former president Barack Obama, Derrick Johnson, president and CEO of the NAACP, and Maryland Gov. Wes Moore, the nation’s only Black governor. “The president continues to use the Constitution like it is a suggestion box, simply because he does not like the coverage,” Moore said Sunday on CNN.

Neither the National Newspaper Publishers Association, representing Black press publishers, or the National Association of Hispanic Publishers, its Latino counterpart, have weighed in, nor have the other journalists of color associations or the News Media Alliance, the organization of publishers.

Josh Gerstein and Kyle Cheney wrote for Politico, “The news organizations, represented by Theodore Boutros Jr. of law firm Gibson Dunn, are filing suit against Trump, chief of staff Susie Wiles, White House Communications Director Steven Cheung and Secret Service Director Sean Curran. The news outlets argue that the president’s ban violates the Constitution in multiple ways: The abrupt cancellation of White House access without notice violated the organizations’ Fifth Amendment due process and property rights, and the retaliation for the content of their reporting violated their First Amendment rights.

“The suit contends that the ban is already ‘severely impeding’ the news organizations’ ability to report on the Trump White House while also causing a chilling effect among other news outlets, who could find themselves similarly locked out if the president deems their coverage ‘insufficiently favorable.’

“Though long-standing legal precedents permit the White House to restrict journalists’ access to the building, courts have ruled that officials can’t apply those restrictions in ways that discriminate based on viewpoint or content.”

The emergency request is set to go before a federal judge in the DC District Court and could result in hearings and legal arguments from the administration as soon as this week, CNN’s Polantz and Stelter reported.

“At least one Trump administration official said in a TV interview Sunday that he believed a Supreme Court opinion from 1965 about the government refusing to validate passports for travel to Cuba would support Trump’s stance,” they added.

However, “The DC District Court, where the three news outlets’ case will land on Monday, has several judges who’ve ruled in favor of press freedom and against the Trump administration for discriminatory policies, especially since Trump took office last year.

“The law previously set by the federal appellate court in DC has said the White House also can’t revoke press credentials without giving the journalists due process, especially when areas of the White House are accessible to the general press and there isn’t a national security concern.

“That case law dates to 1977, when the Secret Service revoked the press pass of Robert Sherrill, a reporter for The Nation. The federal courts in Washington restored it, with the DC Circuit Court of Appeals ruling at the time, ‘senial of a White House press pass is violative of the first amendment only if it is based upon the content of the journalist’s speech or otherwise discriminates against a class of protected speech.’

“ ‘Not only newsmen and the publications for which they write, but also the public at large have an interest protected by the first amendment in assuring that restrictions on newsgathering be no more arduous than necessary, and that individual newsmen not be arbitrarily excluded from sources of information,’ the court also wrote.”

As previously reported:

Former president Barack Obama said Sunday on Instagram, “I’m trying to think what would have happened if I had said, you know what, Fox News, you’re out of here! It’s unimaginable.”

Derrick Johnson, president and CEO of the  NAACP,  wrote on X Friday, “The First Amendment is sacred. The truth is sacred. Donald Trump’s move to ban professional journalists who deliver the facts every day from the White House can only be described as authoritarian. We stand with journalists and all who defend press freedom.”

PEN America said on Friday, “Someone needs to explain to President Trump how the First Amendment works,” said Tim Richardson, journalism and disinformation director at PEN America. ‘As we’ve seen time and time again, this administration’s hostility toward the press is never about the accuracy of news stories, but about its inability to withstand scrutiny of its actions. The White House can’t be allowed to decide which journalists are able to cover the president based on the content of their news coverage.'” [Updated Sept. 20]

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