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Federal judge says White House ban of Associated Press is unconstitutional

Federal judge says White House ban of Associated Press is unconstitutional
Moving forward, the White House press pool will be determined by the White House press team. Legacy outlets who have participated in the press pool for decades will still be allowed to join, fear not, but we will also be offering the privilege to well deserving outlets who have never been allowed to share in this awesome responsibility.
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Federal judge says White House ban of Associated Press is unconstitutional
The White House's decision to ban the Associated Press from President Donald Trump's events, the Oval Office and Air Force One is unconstitutional, a federal judge said Tuesday.Related video above: Leavitt says White House press pool will be determined by the White House press teamThe preliminary injunction issued Tuesday afternoon against the White House by U.S. District Judge Trevor McFadden, a Trump appointee, is a major blow to the administration's efforts to curtail the AP's access to the president based on its continued usage of the phrase "Gulf of Mexico.""The Government offers no other plausible explanation for its treatment of the AP. The Constitution forbids viewpoint discrimination, even in a nonpublic forum like the Oval Office," McFadden wrote in the 41-page ruling.Earlier this year, Trump imposed a ban on the AP to punish the news organization over its decision to continue using the phrase "Gulf of Mexico" even though Trump renamed the body of water "Gulf of America" in an executive order."The AP seeks restored eligibility for admission to the press pool and limited-access press events, untainted by an impermissible viewpoint-based exclusion. That is all the Court orders today: For the Government to put the AP on an equal playing field as similarly situated outlets, despite the AP's use of disfavored terminology," McFadden added later."The Court merely declares that the AP's exclusion has been contrary to the First Amendment, and it enjoins the Government from continuing down that unlawful path."McFadden, however, did not immediately restore AP's access. He delayed his order for one week for the White House to appeal. 鈥淲e are gratified by the court鈥檚 decision,鈥� Lauren Easton, a spokesperson for the AP, said in a statement. 鈥淭oday鈥檚 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. We look forward to continuing to provide factual, nonpartisan and independent coverage of the White House for billions of people around the world.鈥滿cFadden wrote that his ruling does not prevent the White House from limiting the AP鈥檚 access to certain presidential events and spaces for 鈥減ermissible reasons.鈥濃淭he Court does not order the Government to grant the AP permanent access to the Oval Office, the East Room, or any other media event. It does not bestow special treatment upon the AP,鈥� he wrote. 鈥淏ut it cannot be treated worse than its peer wire services either.鈥滱nd he noted that while the White House in February took control of deciding who is part of the small rotating group of journalists and photographers known as the 鈥減ress pool鈥� that accompanies the president, that undertaking did not change its 鈥渃onstitutional obligation to refrain from viewpoint discrimination in selecting media outlets for participation.鈥漈he ruling was issued nearly two weeks after a veteran AP photographer and its chief White House correspondent testified about the damage the ban has done to the outlet.鈥淎s its ability to rapidly supply new photographs and breaking news has dwindled, the AP鈥檚 customers have expressed concerns and turned to other sources for their needs,鈥� McFadden wrote. 鈥淭he AP has been economically hemorrhaging for the last two months, and its condition will only worsen as its customers flee to other news services absent injunctive relief.鈥漈he AP鈥檚 chief White House correspondent, Zeke Miller, told the court in his testimony that the outlet was forced to report in a 鈥渄elayed fashion鈥� and that its coverage did not have 鈥渢he same level of completeness.鈥� Evan Vucci, the AP鈥檚 chief photographer in Washington, testified that the outlet was 鈥渞eally struggling to keep up鈥� with its competitors.Most other major news outlets are still using 鈥淕ulf of Mexico,鈥� although the AP is thus far the only outlet part of the press pool to be banned. The outlet鈥檚 journalists have retained their White House press credentials.鈥淪o why has the AP alone been penalized? The AP claims, and the Court now finds, that the Government has singled out the AP because of its refusal to update the Gulf鈥檚 name in its Stylebook, an influential writing and editing guide,鈥� McFadden wrote in his ruling.Though the AP has changed how it refers to Mount McKinley, which Trump renamed from Denali, it said it would stick with the 鈥淕ulf of Mexico鈥� because it is an international body of water and other countries do not recognize the new name. As a global news outlet with customers all around the world, the AP said it will continue using the name 鈥淕ulf of Mexico鈥� in its news coverage and influential stylebook while still acknowledging the new 鈥淕ulf of America鈥� name.Shortly after the case was filed in February, the judge declined to issue an emergency court order that would have restored the AP鈥檚 access while he considered whether to issue a preliminary injunction. At the time, he appeared somewhat skeptical of the legality of the ban, describing it as 鈥渄iscriminatory鈥� and 鈥減roblematic.鈥�

The White House's decision to ban the Associated Press from President Donald Trump's events, the Oval Office and Air Force One is unconstitutional, a federal judge said Tuesday.

Related video above: Leavitt says White House press pool will be determined by the White House press team

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The preliminary injunction issued Tuesday afternoon against the White House by U.S. District Judge Trevor McFadden, a Trump appointee, is a major blow to the administration's efforts to curtail the AP's access to the president based on its continued usage of the phrase "Gulf of Mexico."

"The Government offers no other plausible explanation for its treatment of the AP. The Constitution forbids viewpoint discrimination, even in a nonpublic forum like the Oval Office," McFadden wrote in the .

Earlier this year, Trump imposed a ban on the AP to punish the news organization over its decision to continue using the phrase "Gulf of Mexico" even though Trump renamed the body of water "Gulf of America" in an executive order.

"The AP seeks restored eligibility for admission to the press pool and limited-access press events, untainted by an impermissible viewpoint-based exclusion. That is all the Court orders today: For the Government to put the AP on an equal playing field as similarly situated outlets, despite the AP's use of disfavored terminology," McFadden added later.

"The Court merely declares that the AP's exclusion has been contrary to the First Amendment, and it enjoins the Government from continuing down that unlawful path."

McFadden, however, did not immediately restore AP's access. He delayed his order for one week for the White House to appeal.

鈥淲e are gratified by the court鈥檚 decision,鈥� Lauren Easton, a spokesperson for the AP, said in a statement. 鈥淭oday鈥檚 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. We look forward to continuing to provide factual, nonpartisan and independent coverage of the White House for billions of people around the world.鈥�

McFadden wrote that his ruling does not prevent the White House from limiting the AP鈥檚 access to certain presidential events and spaces for 鈥減ermissible reasons.鈥�

鈥淭he Court does not order the Government to grant the AP permanent access to the Oval Office, the East Room, or any other media event. It does not bestow special treatment upon the AP,鈥� he wrote. 鈥淏ut it cannot be treated worse than its peer wire services either.鈥�

And he noted that while the White House in February took control of deciding who is part of the small rotating group of journalists and photographers known as the 鈥減ress pool鈥� that accompanies the president, that undertaking did not change its 鈥渃onstitutional obligation to refrain from viewpoint discrimination in selecting media outlets for participation.鈥�

The ruling was issued nearly two weeks after a veteran AP photographer and its chief White House correspondent testified about the damage the ban has done to the outlet.

鈥淎s its ability to rapidly supply new photographs and breaking news has dwindled, the AP鈥檚 customers have expressed concerns and turned to other sources for their needs,鈥� McFadden wrote. 鈥淭he AP has been economically hemorrhaging for the last two months, and its condition will only worsen as its customers flee to other news services absent injunctive relief.鈥�

The AP鈥檚 chief White House correspondent, Zeke Miller, told the court in his testimony that the outlet was forced to report in a 鈥渄elayed fashion鈥� and that its coverage did not have 鈥渢he same level of completeness.鈥� Evan Vucci, the AP鈥檚 chief photographer in Washington, testified that the outlet was 鈥渞eally struggling to keep up鈥� with its competitors.

Most other major news outlets are still using 鈥淕ulf of Mexico,鈥� although the AP is thus far the only outlet part of the press pool to be banned. The outlet鈥檚 journalists have retained their White House press credentials.

鈥淪o why has the AP alone been penalized? The AP claims, and the Court now finds, that the Government has singled out the AP because of its refusal to update the Gulf鈥檚 name in its Stylebook, an influential writing and editing guide,鈥� McFadden wrote in his ruling.

Though the AP has changed how it refers to Mount McKinley, which Trump renamed from Denali, it said it would stick with the 鈥淕ulf of Mexico鈥� because it is an international body of water and other countries do not recognize the new name. As a global news outlet with customers all around the world, the AP said it will continue using the name 鈥淕ulf of Mexico鈥� in its news coverage and influential stylebook while still acknowledging the new 鈥淕ulf of America鈥� name.

Shortly after the case was filed in February, the judge declined to issue an emergency court order that would have restored the AP鈥檚 access while he considered whether to issue a preliminary injunction. At the time, he appeared somewhat skeptical of the legality of the ban, describing it as 鈥渄iscriminatory鈥� and 鈥減roblematic.鈥�