- ABC News, CBS News, NBC News and Fox News suspended rotating television pool coverage of presidential events after the White House prevented CNN, the fifth member of the pool, from carrying out an assigned pool shift.
- The New York Times and Washington Post also showed support by refusing to publish White House pool photos, with the Times saying it would “not publish or distribute any images taken as part of the White House still photography pool today,” and the Post stating it wouldn’t publish any photos of Trump events on Sept. 21, “until midnight Eastern Time.”
- Three media organizations filed a lawsuit alleging illegal retaliation and due process violations, claiming that Trump’s ban was based on “one simple reason: He dislikes the content of their coverage of him and his administration.”
- The organizations are seeking emergency relief from the US District Court for the District of Columbia to restore their credentials while the case proceeds.
- The organizations alleged the US government illegally retaliated against the news outlets over speech protected by the First Amendment, and also claimed the government violated the Fifth Amendment by withdrawing access without notice or a chance to respond.
- Courts have held that once the government creates a system for press credentials, it can’t administer the system arbitrarily, and the lawsuit cites Sherrill v. Knight, in which the DC circuit held that access can’t be denied only to certain members of the media once facilities are made available.
Media outlets CNN, Politico, and MS NOW have filed a lawsuit against the Trump administration after being barred from White House coverage, claiming violations of the First and Fifth Amendments. Trump cited 'fake news' as the reason for the ban, which the outlets argue is retaliation for unfavorable reporting.467
The lawsuit, filed in federal court, alleges that the government illegally retaliated against the news organizations over speech protected by the First Amendment. It also claims that the withdrawal of access violated the Fifth Amendment's guarantee of due process, as the outlets were not given notice or a chance to respond.
In a show of solidarity, major networks including ABC News, CBS News, NBC News, and Fox News suspended their rotating television pool coverage of presidential events after the White House prevented CNN from carrying out an assigned pool shift. The New York Times and Washington Post also announced they would not publish images from White House events in support of the affected outlets.123
The lawsuit references a 1977 case, Sherrill v. Knight, which established that while the White House is not required to open its doors to reporters, it cannot deny access to certain media members arbitrarily once a system for press credentials is established. The three organizations are seeking emergency relief to restore their credentials while the case proceeds.58910
“The lawsuit alleges the ban was based on 'one simple reason: He dislikes the content of their coverage.' ABC, CBS, NBC, and Fox suspended pool coverage, while the Times and Post refused to publish White House photos in solidarity.”
