All of this presumes that CNN, MS NOW and Politico somehow have a right to the White House.
They don't, do they?
The First Amendment does not guarantee any journalist a White House press pass.
The Supreme Court has never recognized a special constitutional right of access for the press to the White House or to government information beyond what the public generally has. Journalists have the same right as anyone else to publish what they lawfully obtain; they do not have a right to force the government to give them special entry.
Maybe a "friendy judge will think one up.
Oh, wait, they have.
All three organizations issued statements calling the action unconstitutional and an assault on First Amendment rights. CNN described it as “an illegal assault.” MS NOW said it “intends to take any and all steps necessary.” Politico said it would “vigorously defend our First Amendment rights.” First Amendment lawyers have called it “textbook viewpoint discrimination” and predicted it would not survive a court challenge, citing prior cases.
Related and prior legal actions
- AP lawsuit (2025, ongoing): The Associated Press sued after being barred from the Oval Office, Air Force One, and some events for refusing to adopt “Gulf of America” as its primary term. That case involves restricted access to specific spaces rather than full revocation of White House hard passes. A district court initially sided with the AP on viewpoint-discrimination grounds; an appeals court later paused parts of the order while litigation continues.
- Jim Acosta / CNN (2018): The White House revoked Acosta’s hard pass after a contentious press conference. CNN sued. A federal judge granted a temporary restraining order restoring the pass on due-process grounds (Fifth Amendment). The White House later fully restored it and CNN dropped the suit.
- Brian Karem (2019–2020): The White House suspended Karem’s pass for 30 days after an argument with Sebastian Gorka. A district judge issued an injunction; the D.C. Circuit affirmed that the revocation likely violated due process because there were no published standards giving fair notice of the sanction.
- Simon Ateba (2023): Ateba sued the Biden White House after a policy change deactivated hundreds of hard passes (including his). He alleged viewpoint discrimination. The case produced a district-court opinion; related issues reached higher courts.
- Karem v. Trump (D.C. Circuit, 2020) applied the same due-process rules to revocation of an existing hard pass.
- Courts have treated the White House press area as a nonpublic forum. The government may impose reasonable, viewpoint-neutral restrictions (for example, requiring a congressional press-gallery credential). It may not exclude outlets because it dislikes their coverage.
Courts have long held (starting with
Sherrill v. Knight, 1977) that White House press credentials implicate a liberty interest and cannot be denied or revoked without due process—published standards, notice, and an opportunity to be heard. Viewpoint-based denials are particularly vulnerable under the First Amendment. The current ban, which Trump tied explicitly to the content of the outlets’ reporting, is expected to produce filings soon, possibly seeking a temporary restraining order before pooling rotations or major events. No such filing had been reported by late Saturday.
Trump is not the only president who has clashed with, restricted, or tried to freeze out parts of the press.
Presidents of both parties have done it.
Clear examples before Trump:
- Obama (2009): The administration tried to exclude Fox News from a Treasury Department event that was part of the press pool. The other major networks refused to participate without Fox. The White House backed down. Obama also publicly criticized Fox as “destructive,” skipped Fox News Sunday for years, and called on Fox less often than other networks.
- Nixon: After Watergate reporting, the White House restricted Washington Post reporters’ access to parts of the complex outside the briefing room.
- Biden: In 2023 the White House changed hard-pass rules (requiring a congressional gallery or Supreme Court credential). Hundreds of passes were deactivated, including Simon Ateba’s. Ateba sued, alleging the change was aimed at him. Ateba lost.The courts upheld the Biden's White House hard-pass policy.
District court (Judge John D. Bates, D.D.C., No. 1:23-cv-02321)
- September 6, 2023: Denied Ateba’s motion for a preliminary injunction. The court found he had not shown irreparable harm because he could still enter with a day pass.
- December 7, 2023: Granted summary judgment to the government on the First Amendment claim and the APA claim. Denied Ateba’s cross-motion. Dismissed the remaining count without prejudice. The court held that even if Ateba had a First Amendment injury from losing preferred access, the May 2023 policy (requiring a congressional gallery or Supreme Court credential) was reasonable and viewpoint-neutrall
D.C. Circuit (No. 24-5004, Ateba v. Leavitt)
- Argued October 15, 2024.
- Affirmed April 8, 2025. The panel (Wilkins, Pan, Rogers) held the press area is a nonpublic forum and the hard-pass policy is both reasonable and viewpoint-neutral. Reliance on outside gallery credentialing did not give “unbridled discretion.”
Rehearing denied June 9, 2025. Mandate issued June 17, 2025.
Ateba filed a petition for certiorari (No. 25-338). As of the records used here, the Supreme Court had not granted review.
Bottom line: the Biden policy that deactivated his hard pass (and hundreds of others) was upheld.