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Home » Current Events » Judge Questions Trump Administration’s White House Media Ban

Judge Questions Trump Administration’s White House Media Ban

President Donald Trump addresses members of the media in the James S. Brady Press Briefing Room, Tuesday, January 20, 2026.
By Digital News Editorial Team on September 23, 2026

President Donald Trump has sparked legal action after banning CNN, MS NOW, and Politico from White House grounds. The three news organizations filed a lawsuit claiming that the ban violated their First Amendment rights to free speech and press access. They also say the administration violated their Fifth Amendment right to due process by revoking access without giving them notice or an opportunity to respond.

Trump made the decision after expressing frustration with what he called unfair and negative coverage over the past two years, according to NPR. Trump announced the ban on September 18. Reporters from all three organizations were denied access to the White House the following day and said their press passes were confiscated.

CNN had been scheduled to provide the television pool coverage for Trump’s trip to New York for the United Nations General Assembly but was unable to do so due to the restriction. The other major television networks then suspended presidential pool coverage rather than replace CNN.

In response, the White House launched a new stream called Trump TV to broadcast highlights of the president’s activities. The news outlets argue that the restriction was intended to punish them for their reporting and intimidate journalists. They also claim that Trump’s actions violate due process rights under the Fifth Amendment.

The lead attorney for the news organizations, Theodore J. Boutrous of Gibson Dunn, said the administration’s approach was unconstitutional. Boutrous had previously represented NPR and public radio stations in a similar case involving Trump’s executive order limiting federal funding to media outlets. NPR and three Colorado public radio stations challenged that order in 2025.

This legal challenge comes after years of tension between Trump and the press. Reuters described Trump’s campaign against news organizations during his second term as unprecedented in its scope.

CNN was one of five major networks that normally provided a pool feed for White House events, along with ABC, CBS, Fox News, and NBC. When CNN was excluded from the event coverage, no other outlet stepped in to fill its role. The television networks instead suspended pool coverage.

The White House tried to make up for the lack of coverage by releasing its own video of Trump cutting a ribbon at a new helipad. However, the helicopter in the background made it impossible to hear what Trump was saying. Reuters reported that audio from the White House livestream was inaudible.

At the court hearing on Wednesday, the news outlets asked Judge Timothy Kelly to restore access credentials for their journalists. Kelly was appointed by Trump and previously ruled in favor of CNN’s journalist Jim Acosta in a similar case from 2018.

In that earlier case, Kelly ordered the White House to temporarily restore Acosta’s press credential because the administration had not provided adequate due process. He did not decide CNN’s broader First Amendment claim at that stage.

At Wednesday’s hearing, Kelly questioned whether the current administration had followed the requirements set out in earlier cases. He said the ban did not appear to comply with legal precedents because the news organizations were not given an opportunity to respond before losing access. Kelly did not immediately rule on their request for a temporary restraining order but said he would rule soon.

The case raises questions about the limits of presidential power over press access and whether such actions constitute viewpoint discrimination. Legal experts told Reuters that the government has significant discretion over tightly controlled areas such as the Oval Office and Air Force One. However, they said courts have held that the government generally cannot open press access and then exclude organizations merely because officials dislike their viewpoints or reporting.

In a Truth Social post, Trump said the outlets should not be allowed to continuously publish what he described as fiction and lies while covering the president. He later said the action was aimed at what he called fake news and argued that such reporting was a threat to national security. The administration has argued in court that access to the White House is a privilege rather than an unrestricted constitutional right.

CNN, MS NOW, and Politico are seeking to reverse their exclusion from White House grounds and regain access while their lawsuit proceeds. The administration argues that the organizations remain free to cover Trump and can report from outside the White House.

The White House’s alternative stream, Trump TV, has been criticized as an attempt to bypass traditional media and control the administration’s message. The White House says the stream gives viewers direct access to presidential events and highlights without relying on traditional news organizations. The service began on September 21 and includes previous Trump speeches and administration events.

Journalists from CNN, MS NOW, and Politico continued covering Trump despite being barred from White House grounds. At the United Nations, CNN’s Kaitlan Collins asked Trump a question about the war with Iran while standing with other reporters.

Collins pointed out that CNN had been given credentials by the United Nations. Trump told her that CNN should not be there covering him. CNN’s U.N. credentials were separate from White House press credentials and allowed its reporters to cover events at the United Nations.

The lawsuit also references reporting that the administration says raised national security concerns. Justice Department filings cited stories involving White House construction and a bunker beneath the East Wing project as well as reporting about U.S. ammunition supplies during the Iran war. The news organizations dispute the administration’s use of those reports as a justification for excluding them.

Shortly after the ban was announced, the White House introduced Trump TV as an alternative source of presidential content. The stream features clips from past speeches, press conferences and official events. However, the White House’s own livestream of the helipad ceremony lacked the professional audio equipment normally supplied by the television pool and Trump’s remarks could not be heard clearly over the helicopter.

The court has not yet issued its decision on whether CNN, MS NOW and Politico should have their White House access restored while the lawsuit continues. Kelly said a ruling would come soon.

IMAGE: Source https://www.flickr.com/photos/202101414@N05/55054728012/ Author The White House CC0

  1. DOJ Defends Trump Media Ban and White House Access Policy
  2. Trump Bans CNN, MS NOW, and Politico from White House
  3. Trump Bans CNN, MS Now, and Politico Reporters from White House
  4. Donald Trump’s Return to White House: Implications for China and Mexico
  5. Trump’s White House Ballroom Project Faces Legal Hurdle as Court Orders Halt

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