Judge Extends Order Blocking Trump From Banning CNN, MS NOW, Politico Access

U.S. District Judge Timothy Kelly ruled Tuesday that CNN, MS NOW, and Politico are likely to succeed in their constitutional free speech and due process claims, extending an order blocking President Donald Trump from banning them from the White House.

Judge Kelly issued a preliminary injunction late Tuesday, which extends White House press access indefinitely for the three news outlets. This injunction orders the defendants to continue to preserve the status quo while the case proceeds. The media organizations sought this preliminary injunction. The order does not require the administration to allow reporters access to the Oval Office or Air Force One, locations where CNN and Politico reporters have been blocked recently.

This decision follows a temporary restraining order issued last month by the same judge, which initially blocked Trump's attempt to ban the news organizations. That temporary order was set to expire Tuesday. Judge Kelly, who was appointed by Trump, determined the outlets would likely succeed on the merits of their First Amendment and Fifth Amendment claims.

He found the revocation of their journalists' hard passes likely violated their First Amendment rights to freedom of speech and Fifth Amendment due process rights. In a 26-page ruling, Kelly concluded the outlets are likely to succeed on their due process claim and two First Amendment claims. President Trump announced the ban on September 18, accusing the three organizations of publishing unfavorable stories about him.

Justice Department lawyers argued the ban was partly due to national security concerns, but Kelly found no evidence in the record to support this. Kelly wrote that Trump's public remarks showed he banned the outlets because he viewed their reporting as inaccurate and biased, calling it unlawful viewpoint discrimination. The three outlets filed a joint lawsuit seeking the preliminary injunction.

In court filings, the news organizations stated the ban affected 78 journalists with hard passes. Kelly also stated that no one should read this decision as suggesting that President Trump’s complaints are meritless. Trump had anticipated losing and vowed to appeal on Truth Social before the ruling.