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		<title>Trump DOJ shreds judge for putting AP back into press pool</title>
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		<pubDate>Thu, 10 Apr 2025 18:09:59 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump, from right, speaks to reporters accompanied by Interior Secretary Doug Burgum and Burgum’s wife Kathryn Burgum, aboard Air Force One where Trump signed a proclamation declaring Feb. 9 Gulf of America Day, as he travels from West Palm Beach, Fla. to New Orleans, Sunday, Feb. 9, 2025 (AP Photo/Ben Curtis). The Trump [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-doj-shreds-judge-for-putting-ap-back-into-press-pool/">Trump DOJ shreds judge for putting AP back into press pool</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_512677" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-512677" class="size-full wp-image-512677" src="https://am21.mediaite.com/lc/cnt/uploads/2025/03/AP25040803010307-1.jpg" alt="President Trump poses with a new map." width="1200" height="627"/></p>
<p id="caption-attachment-512677" class="wp-caption-text">President Donald Trump, from right, speaks to reporters accompanied by Interior Secretary Doug Burgum and Burgum’s wife Kathryn Burgum, aboard Air Force One where Trump signed a proclamation declaring Feb. 9 Gulf of America Day, as he travels from West Palm Beach, Fla. to New Orleans, Sunday, Feb. 9, 2025 (AP Photo/Ben Curtis).</p>
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<p>The Trump administration is attempting to block an order by a federal judge in <a href="https://lawandcrime.com/tag/washington-d-c/">Washington, D.C.</a>, forcing it to<a href="https://lawandcrime.com/high-profile/restrictions-must-be-reasonable-trump-appointed-judge-sides-with-associated-press-and-orders-white-house-to-restore-its-press-pool-access-over-gulf-of-america-debacle/" target="_blank" rel="noopener"> let The Associated Press back into</a> the White House press pool this week after the president tried <a href="https://lawandcrime.com/high-profile/wanted-to-f-around-now-its-finding-out-time-associated-press-says-white-house-should-heed-warning-from-trump-appointed-judge-on-press-pool-ban/" target="_blank" rel="noopener">barring the news outlet</a> over its refusal to refer to the Gulf of Mexico as the “Gulf of America.”</p>
<p>The Justice Department <a href="https://www.documentcloud.org/documents/25894049-motion-to-stay-pending-appeal-dojap/" target="_blank" rel="noopener">filed a motion</a> Wednesday to stay U.S. District Judge <a href="https://lawandcrime.com/high-profile/violate-one-of-the-most-fundamental-principles-of-our-democracy-former-trump-lawyer-ex-gop-lawmakers-urge-judge-to-side-with-ap-over-white-house-press-pool-ban/" target="_blank" rel="noopener">Trevor McFadden’</a>s preliminary injunction <a href="https://www.documentcloud.org/documents/25889285-apbudowich-memorandum-order/" target="_blank" rel="noopener">issued on Tuesday</a> granting the AP’s request to block the White House’s ban on its access to the Oval Office, East Room and other sites of press events — saying the ban amounted to “impermissible viewpoint discrimination.” McFadden noted how the AP was likely to prove in court how it “suffered unlawful retaliation for exercising its speech rights,” despite claims by the Trump administration that it deserved the ban.</p>
<p>“Access restrictions must be reasonable and not viewpoint based,” McFadden wrote. “While the AP does not have a constitutional right to enter the Oval Office, it does have a right to not be excluded because of its viewpoint. And the AP says that is exactly what is happening.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>On Wednesday, the DOJ claimed that there have been no allegations that the Trump administration has restricted The Associated Press’s speech and is not “adopting content-based restrictions on what may be uttered in the Oval Office, controlling any reporter’s ability to send text messages or photos in areas of the White House to which they are admitted, or a prior restraint on the Associated Press’s publications,” according to its motion to stay McFadden’s order.</p>
<p>It argues that the AP case, instead, centers around “special access to the president’s personal and private spaces,” which the D.C. Circuit has “refused to consider under a forum analysis,” according to the DOJ motion.</p>
<p>“The Preliminary Injunction constitutes an unprecedented intrusion into Executive authority,” the filing says.</p>
<p>“A court issued an order to control access to the President’s most intimate spaces: his personal workspace (the Oval Office), his means of transportation (Air Force One), and his personal home (the Mar-a-Lago Club),” the DOJ claims. “It did so largely by conducting a forum analysis, which is used by courts to evaluate restrictions on speech, and by equating spaces for large press gatherings with more limited, personal spaces such as the Oval Office.”</p>
<p>Trump administration officials informed the AP and its text-based reporters on Feb. 11 that it would bar them from entering certain areas as members of the White House press pool “unless the AP began referring to the Gulf of Mexico as the Gulf of America, following President Trump’s renaming of that body of water in Executive Order 14172,” which was titled, “Restoring Names That Honor American Greatness.” Later, AP photographers were <a href="https://firstamendment.mtsu.edu/post/ap-again-seeks-end-of-its-white-house-ban-saying-trump-administration-is-retaliating-further/">allegedly banned</a> as well.</p>
<p>The White House later accused the outlet of refusing to “adhere to what the president believes is the law.”</p>
<p>On Feb. 21, the AP filed a <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.277682/gov.uscourts.dcd.277682.1.0_1.pdf">lawsuit in federal court</a> accusing the White House of engaging in “content- and viewpoint-based discrimination” in violation of the First Amendment. The complaint requested a temporary restraining order and asked the court to reverse the ban. An <a href="https://lawandcrime.com/high-profile/wanted-to-f-around-now-its-finding-out-time-associated-press-says-white-house-should-heed-warning-from-trump-appointed-judge-on-press-pool-ban/" target="_blank" rel="noopener">amended filing</a> added the photographer ban to the complaint and pushed for a preliminary injunction.</p>
<p>Following <a href="https://lawandcrime.com/high-profile/trump-appointed-judge-refuses-to-restore-aps-white-house-access-but-warns-trump-admin-to-consider-if-its-actions-are-really-appropriate/" target="_blank" rel="noopener">a hearing in February</a>, McFadden refused to grant the “extraordinary” relief of an injunction, but signaled that the administration would have a difficult time defending its decision when it came time to argue on the merits. “It seems pretty clearly viewpoint discrimination,” McFadden said at the time.</p>
<p>In his Tuesday order, the judge said the White House could restrict access to as many reporters as it wants. Where the government goes wrong, McFadden said, is picking and choosing which ones to keep based on press style.</p>
<p>“This injunction does not limit the various permissible reasons the Government may have for excluding journalists from limited-access events,” McFadden explained.</p>
<p><a href="https://lawandcrime.com/high-profile/under-established-law-supreme-court-nixes-district-court-order-demanding-reinstatement-of-fired-federal-workers/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Under established law’: Supreme Court nixes district court order demanding reinstatement of fired federal workers</strong></a></p>
<p>The press pool is a nearly 144-year-old institution whose members have, for decades, been under the purview of the 111-year-old <a href="https://whca.press/covering-the-white-house/">White House Correspondents Association</a> (WHCA), a nonprofit famously responsible for its annual dinner. The concept of the pool itself, however, was essentially invented by the AP, with its reporters and photographers being White House media staples for years.</p>
<p>The DOJ said Thursday that McFadden and the lower court should “exercise caution and at least stay its ruling” regarding The Associated Press’ access to the Oval Office, Air Force One and Mar-a-Lago until the outcome of Defendants’ appeal.</p>
<p>“Underlying the Court’s ruling are profound separation of powers issues,” the DOJ said. “The Executive maintains that the President has the right to dictate who is permitted in his personal spaces for any reason, no less than any American has the right to dictate who enters their personal office space, vehicle, or home. It would be unreasonable for the President to lose the right to control who is in his private spaces (including his private home, the Mar-a-Lago Club) simply because he becomes President. Moreover, until the questions presented in this case are resolved on appeal, the Court risks unending litigation every time a reporter from the Associated Press is rejected for entry into the press pool, Mar-a-Lago Club, Air Force One, or the Oval Office on grounds that the Associated Press may find improper (or falsely speculate are pretextual) but have nothing to do with the content of its speech. The Court should permit appellate review of this issue before imposing its order.”</p>
<p>While McFadden’s order was considered a win for the AP, the judge noted Tuesday how the Trump administration isn’t being blocked permanently from stripping AP’s access to the Oval Office, East Room, or any other White House media event.</p>
<p>“The 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,” McFadden’s order reads. “The Constitution requires no less.”</p>
<p>The Trump-appointed judge explained the AP will no longer be entitled to the “first in line every time” permanent press pool access the media outlet “enjoyed under the WHCA.” The court’s order also does not prohibit the Trump administration from “freely choosing which journalists to sit down with for interviews or which ones’ questions they answer” during press events, the judge added.</p>
<p>“But (the AP) cannot be treated worse than its peer wire services either,” McFadden concluded. “The Court merely declares that the AP’s exclusion has been contrary to the First Amendment, and it enjoins the Government from continuing down that unlawful path.”</p>
<p><a href="https://lawandcrime.com/email-newsletter/"><strong>Love true crime? Sign up for our newsletter, The Law&amp;Crime Docket, to get the latest real-life crime stories delivered right to your inbox.</strong></a></p>
<p><em>Jerry Lambe contributed to this report.</em></p>
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<p>The post <a href="https://homesafetytechpros.com/trump-doj-shreds-judge-for-putting-ap-back-into-press-pool/">Trump DOJ shreds judge for putting AP back into press pool</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Trump-appointed judge sides with AP over press pool access</title>
		<link>https://homesafetytechpros.com/trump-appointed-judge-sides-with-ap-over-press-pool-access/</link>
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		<pubDate>Wed, 09 Apr 2025 01:34:30 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump gestures to a poster that says “Gulf of America” in the Oval Office at the White House in Washington, Tuesday, Feb. 25, 2025 (Pool via AP). A federal judge in Washington, D.C., is forcing the Trump administration to let the Associated Press back into the White House press pool after it tried [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-appointed-judge-sides-with-ap-over-press-pool-access/">Trump-appointed judge sides with AP over press pool access</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
]]></description>
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</p>
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<div id="attachment_514186" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-514186" class="size-full wp-image-514186" src="https://am22.mediaite.com/lc/cnt/uploads/2025/03/adsfadfadsfa.jpg" alt="President Donald Trump gestures to a poster that says &quot;Gulf of America&quot; in the Oval Office at the White House in Washington, Tuesday, Feb. 25, 2025 (Pool via AP)." width="1200" height="627"/></p>
<p id="caption-attachment-514186" class="wp-caption-text">President Donald Trump gestures to a poster that says “Gulf of America” in the Oval Office at the White House in Washington, Tuesday, Feb. 25, 2025 (Pool via AP).</p>
</div>
<p>A federal judge in <a href="https://lawandcrime.com/tag/washington-d-c/">Washington, D.C.</a>, is forcing the Trump administration to let the Associated Press back into the White House press pool after it tried <a href="https://lawandcrime.com/high-profile/wanted-to-f-around-now-its-finding-out-time-associated-press-says-white-house-should-heed-warning-from-trump-appointed-judge-on-press-pool-ban/" target="_blank" rel="noopener">barring the news outlet</a> over its refusal to refer to the Gulf of Mexico as the “Gulf of America.”</p>
<p>In a Tuesday court order, the judge said the media outlet was likely to prove it “suffered unlawful retaliation for exercising its speech rights.”</p>
<p>U.S. District Judge <a href="https://lawandcrime.com/high-profile/violate-one-of-the-most-fundamental-principles-of-our-democracy-former-trump-lawyer-ex-gop-lawmakers-urge-judge-to-side-with-ap-over-white-house-press-pool-ban/" target="_blank" rel="noopener">Trevor McFadden</a>, a Donald Trump appointee who was put on the bench in 2017, agreed to grant a request by the AP for a preliminary injunction blocking the White House’s ban on its access to the Oval Office, East Room and other sites of press events. In a <a href="https://www.documentcloud.org/documents/25889285-apbudowich-memorandum-order/" target="_blank" rel="noopener">memorandum order</a>, the judge reasoned that the government’s ban amounted to “impermissible viewpoint discrimination.”</p>
<p>“Access restrictions must be reasonable and not viewpoint based,” McFadden wrote. “While the AP does not have a constitutional right to enter the Oval Office, it does have a right to not be excluded because of its viewpoint. And the AP says that is exactly what is happening.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>On Feb. 11, Trump administration officials informed the AP its text-based reporters would be barred from entering certain areas as members of the White House press pool “unless the AP began referring to the Gulf of Mexico as the Gulf of America, following President Trump’s renaming of that body of water in Executive Order 14172,” which was titled, “Restoring Names That Honor American Greatness.”</p>
<p>Later, AP photographers were <a href="https://firstamendment.mtsu.edu/post/ap-again-seeks-end-of-its-white-house-ban-saying-trump-administration-is-retaliating-further/">allegedly banned</a> as well.</p>
<p>On Feb. 21, the AP filed a <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.277682/gov.uscourts.dcd.277682.1.0_1.pdf">lawsuit in federal court</a> in D.C. accusing the White House of engaging in “content- and viewpoint-based discrimination” in violation of the First Amendment. The complaint requested a temporary restraining order and asked the court to reverse the ban. An <a href="https://lawandcrime.com/high-profile/wanted-to-f-around-now-its-finding-out-time-associated-press-says-white-house-should-heed-warning-from-trump-appointed-judge-on-press-pool-ban/" target="_blank" rel="noopener">amended filing</a> added the photographer ban to the complaint and pushed for a preliminary injunction.</p>
<p>Following <a href="https://lawandcrime.com/high-profile/trump-appointed-judge-refuses-to-restore-aps-white-house-access-but-warns-trump-admin-to-consider-if-its-actions-are-really-appropriate/" target="_blank" rel="noopener">a hearing in February</a>, McFadden refused to grant the “extraordinary” relief of an injunction, but signaled that the administration would have a difficult time defending its decision when it came time to argue on the merits.</p>
<p>“It seems pretty clearly viewpoint discrimination,” McFadden said at the time.</p>
<p>In his Tuesday order, the judge said if the White House really wanted to, it could restrict access to reporters at every media outlet on Earth. Where the government goes wrong, McFadden said, is picking and choosing which ones to keep away based on press style.</p>
<p>“This injunction does not limit the various permissible reasons the Government may have for excluding journalists from limited-access events,” McFadden explained. “It does not mandate that all eligible journalists, or indeed any journalists at all, be given access to the President or nonpublic government spaces. It does not prohibit government officials from freely choosing which journalists to sit down with for interviews or which ones’ questions they answer. And it certainly does not prevent senior officials from publicly expressing their own views.”</p>
<p><a href="https://lawandcrime.com/high-profile/under-established-law-supreme-court-nixes-district-court-order-demanding-reinstatement-of-fired-federal-workers/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Under established law’: Supreme Court nixes district court order demanding reinstatement of fired federal workers</strong></a></p>
<p>The press pool is a nearly 144-year-old institution whose members have, for decades, been under the purview of the 111-year-old <a href="https://whca.press/covering-the-white-house/">White House Correspondents Association</a> (WHCA), a nonprofit famously responsible for its annual dinner. The concept of the pool itself, however, was essentially invented by the AP — with its reporters and photographers being White House media staples for years.</p>
<p>Trump administration officials have accused the outlet of refusing to “adhere to what the president believes is the law.” But McFadden, in his order, noted how several members of the original press pool are still using the term, “Gulf of Mexico,” and retaining access.</p>
<p>“The Government maintains that under these new procedures, ‘[t]here is no categorical ban on media outlets that are critical of the President or that refuse to use the proper name for the Gulf of America,&#8221;” McFadden wrote. “Indeed, it has continued to admit outlets to the pool, such as the New York Times, that ‘have been highly critical of the President and have continued to refer to the former name.’ In fact, all members of the original press pool have continued to use the Gulf of Mexico name while noting President Trump’s order. So why has the AP alone been penalized?”</p>
<p>Ultimately, the court agreed with the plaintiff’s claims that the government has “singled out the AP” due to its refusal to update the body of water’s name in its widely-used Stylebook, which the judge describes as an “influential” writing and editing guide.</p>
<p>“The AP seeks restored eligibility for admission to the press pool and limited-access press events, untainted by an impermissible viewpoint-based exclusion,” McFadden wrote. “That is all the Court orders today: For the Government to put the AP on an equal playing field as similarly situated outlets, despite the AP’s use of disfavored terminology.”</p>
<p>While the decision is a major win for the AP, McFadden noted how the Trump administration isn’t being blocked permanently from stripping AP’s access to the Oval Office, East Room or any other White House media event.</p>
<p>“The 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 order reads. “The Constitution requires no less.”</p>
<p>The Trump appointed judge explained the AP will no longer be entitled to the “first in line every time” permanent press pool access the media outlet “enjoyed under the WHCA.” The court’s order does also not prohibit the Trump administration from “freely choosing which journalists to sit down with for interviews or which ones’ questions they answer” during press events, the judge added.</p>
<p>“But (the AP) cannot be treated worse than its peer wire services either,” McFadden concluded. “The Court merely declares that the AP’s exclusion has been contrary to the First Amendment, and it enjoins the Government from continuing down that unlawful path.”</p>
<p><a href="https://lawandcrime.com/email-newsletter/"><strong>Love true crime? Sign up for our newsletter, The Law&amp;Crime Docket, to get the latest real-life crime stories delivered right to your inbox.</strong></a></p>
<p><em>Jerry Lambe contributed to this report.</em></p>
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		<title>First Amendment experts ask judge to side with AP over Trump</title>
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		<pubDate>Sun, 09 Mar 2025 08:05:07 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump, from right, speaks to reporters accompanied by Interior Secretary Doug Burgum and Burgum’s wife Kathryn Burgum, aboard Air Force One where Trump signed a proclamation declaring Feb. 9 Gulf of America Day, as he travels from West Palm Beach, Fla. to New Orleans, Sunday, Feb. 9, 2025 (AP Photo/Ben Curtis). A group [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/first-amendment-experts-ask-judge-to-side-with-ap-over-trump/">First Amendment experts ask judge to side with AP over Trump</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_512677" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-512677" class="size-full wp-image-512677" src="https://am21.mediaite.com/lc/cnt/uploads/2025/03/AP25040803010307-1.jpg" alt="President Trump poses with a new map." width="1200" height="627"/></p>
<p id="caption-attachment-512677" class="wp-caption-text">President Donald Trump, from right, speaks to reporters accompanied by Interior Secretary Doug Burgum and Burgum’s wife Kathryn Burgum, aboard Air Force One where Trump signed a proclamation declaring Feb. 9 Gulf of America Day, as he travels from West Palm Beach, Fla. to New Orleans, Sunday, Feb. 9, 2025 (AP Photo/Ben Curtis).</p>
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<p>A group of First Amendment experts is imploring a federal court to order The Associated Press back into the select stable of journalists who make up the White House “<a href="https://lawandcrime.com/high-profile/an-independent-chronicler-of-the-presidency-amicus-brief-supporting-ap-in-dispute-over-white-house-access-unintentionally-foreshadows-huge-change-to-press-pool/" target="_blank" rel="noopener">press pool</a>.”</p>
<p>In a Friday <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.277682/gov.uscourts.dcd.277682.32.0.pdf" target="_blank" rel="noopener">brief</a>, the Knight First Amendment Institute at Columbia University says the government’s behavior necessitates giving AP journalists back their seats in the halls of power.</p>
<p>“Having created the press pool to enable access to the President in limited-space contexts ranging from the Oval Office to foreign travel, the White House has developed a forum — whether a ‘limited public forum’ or a ‘nonpublic forum,’ as the cases use those terms — from which it may not constitutionally exclude a news organization due to its viewpoints,” the amicus, or friend of the court, brief reads. “Yet that is precisely what the White House is doing, by its own admission.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The press pool is a nearly 144-year-old institution whose members have, for decades, been under the purview of the 111-year-old <a href="https://whca.press/covering-the-white-house/" target="_blank" rel="noopener">White House Correspondents Association</a>, a nonprofit famously responsible for its annual, eponymous, comedy-themed dinner. The concept of the pool itself, however, was essentially invented by the AP.</p>
<p>On Feb. 11, White House officials informed the AP its text-based reporters would be barred from entering certain areas as a member of the press pool “unless the AP began referring to the Gulf of Mexico as the Gulf of America, following President Donald Trump’s renaming of that body of water in Executive Order 14172,” which was titled, “Restoring Names That Honor American Greatness.” Later, AP photographers were <a href="https://firstamendment.mtsu.edu/post/ap-again-seeks-end-of-its-white-house-ban-saying-trump-administration-is-retaliating-further/" target="_blank" rel="noopener">allegedly banned</a> as well, the organization said.</p>
<p>On Feb. 21, the AP filed a <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.277682/gov.uscourts.dcd.277682.1.0_1.pdf" target="_blank" rel="noopener">lawsuit in D.C. federal court</a> accusing the White House of engaging in “content- and viewpoint-based discrimination” in violation of the First Amendment. The complaint requested a temporary restraining order and asked the court to reverse the ban. An amended filing added the photographer ban to the complaint and pushed for a preliminary injunction.</p>
<p>So far, U.S. District Judge Trevor McFadden, a Trump appointee, has <a href="https://lawandcrime.com/high-profile/trump-appointed-judge-refuses-to-restore-aps-white-house-access-but-warns-trump-admin-to-consider-if-its-actions-are-really-appropriate/" target="_blank" rel="noopener">refused injunctive relief</a> — while at the same time arguing the AP is likely to win on the merits of their case.</p>
<p>“It seems pretty clearly viewpoint discrimination,” McFadden said.</p>
<p><a href="https://lawandcrime.com/high-profile/devised-a-way-to-skirt-this-courts-authority-trump-admin-should-be-held-in-contempt-for-violating-a-whole-swatch-of-federal-court-orders-blocking-anti-transgender-policies-states-say/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘Devised a way to skirt this court’s authority’: Trump admin should be held in contempt for violating a ‘whole swatch’ of federal court orders blocking anti-transgender policies, states say</strong></a></p>
<p>The U.S. Supreme Court’s public forum doctrine centers around the notion that certain places — either physical or digital — have, by tradition or practice, been used for First Amendment purposes and should remain free of government interference. Under high court jurisprudence, there are three types of forums: traditional or quintessential, designated or limited, and closed or nonpublic.</p>
<p>To hear the plaintiffs and the amici tell it, the White House press pool is a limited public forum created by the government.</p>
<p>“The White House’s establishment of the press pool has created a limited public forum, to the benefit of the public as a whole,” the amicus brief argues. “The pool helps provide a prerequisite for a flourishing democracy: access to an unvarnished view of the words and actions of the nation’s chief executive, intermediated by journalists who can report without fear or favor and attempt to hold the President to account through questioning.”</p>
<p>Here, the Knight Center says, history is, in fact, quite instructive.</p>
<p>“The relationship has endured even during the eras of rockiest relations between the White House and the press during the Watergate investigations, and Independent Counsel Kenneth Starr’s investigation of President Bill Clinton,” the brief goes on. “Nor did the White House attempt to interfere with the pool during President Trump’s first term.”</p>
<p>And, the argument goes, viewpoint-based discrimination cannot justify the exclusion of anyone from such a public forum.</p>
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<p>The Trump administration, for its part, clearly singled out the AP for their editorial perspective, the lawsuit and amici claim.</p>
<p>From the amicus brief, at length:</p>
<blockquote>
<p>The White House’s decision to ban the AP from the press pool based on the AP’s editorial decisions thus impermissibly excludes the AP from a limited public forum based on the viewpoint of the AP’s speech. The White House does not deny that it acted based on viewpoint. President Trump said “[w]e’re going to keep them out until such time that they agree that it’s the Gulf of America,” while saying in the same breath that the AP “has been very, very wrong on the election, on Trump and the treatment of Trump.” Similarly, Defendant Chief of Staff Susie Wiles wrote to the AP that the White House’s “view as to why we arrived in this point” is that “the influence” the AP’s “Stylebook has acquired has been misused, and at times weaponized, to push a divisive and partisan agenda.” And Defendant Deputy Chief of Staff Taylor Budowich said “[t]his isn’t just about the Gulf of America. This is about AP weaponizing language through their stylebook to push a partisan worldview in contrast with the traditional and deeply held beliefs of many Americans and many people around the world.”</p>
</blockquote>
<p>In pushing for an injunction, the First Amendment experts make several public policy arguments. These are not strictly constitutional pleas but are often considered by courts when considering the various balancing tests and frameworks used to grant or justify requests for relief.</p>
<p>To that end, the Knight Center all but likens the ban on the AP to how journalists are treated in the Russian Federation’s press pool.</p>
<p>“[I]f a press organization can be kicked out of the press pool because of its viewpoints … the remaining members of the press pool would have a strong incentive to soften their coverage of the White House,” the brief continues. “If the White House can evict one outlet from the press pool due to its due to its coverage, it can dangle a sword over those that remain. This phenomenon is familiar to those who have lived under authoritarian regimes.”</p>
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		<title>Judge refuses to reinstate AP&#8217;s White House access</title>
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		<pubDate>Tue, 25 Feb 2025 04:25:08 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon). A federal judge in Washington, D.C., on Monday rejected a request from The Associated Press to restore the news organization’s access to certain presidential events following claims it was being unconstitutionally punished [&#8230;]</p>
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<div id="attachment_507260" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-507260" class="size-full wp-image-507260" src="https://am24.mediaite.com/lc/cnt/uploads/2025/02/AP25042763969855-1.jpg" alt="Donald Trump in the Oval Office." width="1200" height="627"/></p>
<p id="caption-attachment-507260" class="wp-caption-text">President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon).</p>
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<p>A federal judge in <a href="https://lawandcrime.com/tag/washington-d-c/">Washington, D.C.</a>, on Monday rejected a request from The Associated Press to restore the news organization’s access to certain presidential events following <a href="https://lawandcrime.com/tag/lawsuit/">claims</a> it was being <a href="https://lawandcrime.com/high-profile/textbook-viewpoint-based-discrimination-judge-says-trumps-anti-dei-orders-violate-first-amendment-and-are-unconstitutionally-vague-issues-nationwide-injunction/">unconstitutionally punished</a> for refusing to refer to the Gulf of Mexico as the “Gulf of America.”</p>
<p>U.S. District Judge Trevor McFadden, a Trump appointee, declined to grant a temporary restraining order that would have prevented the administration from keeping the AP out of certain presidential events, particularly those taking place in the Oval Office, on Air Force One, or at Trump’s home in Mar-a-Lago, according to a <a href="https://www.cnn.com/2025/02/24/politics/ap-white-house-access-ruling?Date=20250224&amp;Profile=cnnbrk&amp;utm_content=1740434109&amp;utm_medium=social&amp;utm_source=twitter">report</a> from CNN.</p>
<p>McFadden reportedly denied the request for the “extraordinary relief” of a TRO because the AP failed to show it would suffer “irreparable harm” without it, as the organization could still “get access to the same information” through pool notes that are provided to all members of the White House Correspondents Association. The lack of harm was further evinced by the AP waiting more than a week to file its lawsuit, McFadden reportedly said.</p>
<p>While denying the TRO request, McFadden also indicated that he believed the administration would have a difficult time defending its decision when it came time to argue on the merits. He <a href="https://x.com/JordanOnRecord/status/1894142059402936349">reportedly</a> warned that case law in Washington, D.C. was “uniformly unhelpful” for cases involving journalistic bans and said the ban was a clear example of unconstitutional content-based discrimination.</p>
<p>“It might be appropriate for the White House… to consider if what they’re doing is really appropriate, given the case law,” he warned, <a href="https://x.com/JordanOnRecord/status/1894142449930342417">according to</a> journalist Jordan Fischer.</p>
<p>In the filed complaint, the AP alleged that the administration unlawfully ordered it to “use certain words” in its coverage “or else face an indefinite denial of access.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“The press and all people in the United States have the right to choose their own words and not be retaliated against by the government,” the suit states. “The Constitution does not allow the government to control speech. Allowing such government control and retaliation to stand is a threat to every American’s freedom. The AP therefore brings this action to vindicate its rights to the editorial independence guaranteed by the United States Constitution and to prevent the Executive Branch from coercing journalists to report the news using only government-approved language.”</p>
<p>According to the suit, White House officials on Feb. 11, 2025, informed the AP “without prior notice” that its reporters would be barred from entering certain areas as a member of the press pool “unless the AP began referring to the Gulf of Mexico as the Gulf of America, following President Trump’s renaming of that body of water in <a href="https://www.presidency.ucsb.edu/documents/executive-order-14172-restoring-names-that-honor-american-greatness">Executive Order 14172</a>,” which was titled, “Restoring Names That Honor American Greatness.”</p>
<p>The AP continued to refer to the Gulf of Mexico by its original name while also “acknowledging the new name Trump had chosen,” explaining that because it’s a global news agency, it makes such decisions to “ensure that place names and geography are easily recognizable to all audiences.”</p>
<p>The news organization argued that the ban violates the First Amendment and the Due Process Clause of the Fifth Amendment, while also constituting impermissible retaliation for constitutionally protected speech.</p>
<p>The administration responded by asserting that the AP is only being denied “special media access to the President,” which it claims is a “quintessentially discretionary presidential choice that infringes no constitutional right.”</p>
<p>The <a href="https://s3.documentcloud.org/documents/25542455/whresponse.pdf">23-page opposition motion</a> argues that the AP does not have the right to “unfettered” access to Trump’s “exclusive gatherings,” such as events taking place on Air Force One, in the Oval Office, or at the president’s home in Mar-a-Lago, for which many other news agencies are denied access.</p>
<p>“Just as the President need not furnish a personal interview to all journalistic comers, the President has discretion to decide who will have special media access to exclusive events within the Oval Office,” the administration wrote. “The President has absolute discretion to give interviews to whomever he pleases — the First Amendment does not compel him to give a personal audience to any particular journalist. That same discretion extends to whom he allows into the Oval Office (his personal workspace), Air Force One (his personal plane), and Mar-a-Lago (his private residence). The President’s discretion over these small spaces simply does not implicate constitutional rights — for citizens, journalists, or news organizations alike.”</p>
<p>A hearing on the AP’s request for a preliminary injunction is currently scheduled for March 20.</p>
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