“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,” Judge Trevor McFadden wrote in his ruling. “The Constitution requires no less.”
The AP getting banned may be the most egregious, but it’s not the only example of the Trump administration meddling with the press corps. It was recently reported that the White House plans to rearrange the briefing room, upending longstanding tradition. The Associated Press, as one of the U.S.’s most prominent wire services, has long had an equally prominent place in the White House press pool. In McFadden’s ruling, he specifically did not “order the government to grant the AP permanent access to the Oval Office, the East Room or any other media event” or “bestow special treatment upon the AP.” The preliminary injunction won’t be enforced for a week, giving the government time to respond or appeal. (According to the AP, a reporter and photographer in its employ were still turned away from the president’s motorcade shortly after the ruling was handed down.)
Still, McFadden ruled that the Associated Press “cannot be treated worse than its peer wire service” and stated that the government has been “brazen” about why it excluded the AP. The outlet, which testified that it had been hindered by the ban and even lost a $150,000 advertising contract over it, is celebrating the ruling as a First Amendment win. “We are gratified by the court’s decision,” AP spokeswoman Lauren Easton said in a statement. “Today’s ruling affirms the fundamental right of the press and public to speak freely without government retaliation. This is a freedom guaranteed for all Americans in the U.S. Constitution.”