A group of First Amendment experts is urging a federal court to support The Associated Press (AP) in its legal battle against the White House’s exclusion from the press pool. In a brief filed on March 7, the Knight First Amendment Institute at Columbia University argued that the exclusion of AP from White House press events constitutes a violation of the First Amendment rights of journalists and the public at large.
The White House established a press pool system to allow a select group of journalists to have access to the President in various settings, including the Oval Office and during foreign travel. This system is considered a limited public forum, and the government cannot constitutionally exclude a news organization based on its viewpoints, the brief asserts. The AP’s exclusion is a direct result of its refusal to use the term “Gulf of America,” a name President Trump insisted on using for the Gulf of Mexico in an executive order. This order, titled “Restoring Names That Honor American Greatness,” required media outlets to adopt the term in their reporting. When AP declined, its reporters and photographers were barred from entering certain areas of the White House.
The exclusion began on February 11, when the White House informed the AP that its reporters would no longer be allowed in specific press events unless they referred to the Gulf as the Gulf of America. On February 21, the AP filed a lawsuit in federal court in Washington, D.C., accusing the White House of viewpoint-based discrimination. The AP’s lawsuit argued that the White House’s actions violate the First Amendment by excluding reporters due to their editorial stance. The lawsuit also requested a temporary restraining order to restore AP’s access to White House events.
U.S. District Judge Trevor McFadden, appointed by President Trump, has not yet granted the AP’s request for a temporary injunction but has acknowledged that the AP is likely to prevail on the merits of the case. He commented that the White House’s actions appeared to constitute viewpoint discrimination, which is prohibited under the First Amendment.
The amicus brief from the Knight Institute highlights the historical importance of the press pool and its role in ensuring the public has access to accurate information about the actions of the President. It notes that the press pool has existed for over 100 years and has endured even during the most contentious periods in American history, such as the Watergate scandal and the investigation into President Bill Clinton. The brief emphasizes that the White House’s actions are unprecedented and serve to undermine the public’s right to be informed.
The legal argument put forth by the Knight Institute relies on the U.S. Supreme Court’s public forum doctrine, which establishes that certain places, whether physical or digital, that are traditionally used for First Amendment activities cannot be restricted by the government. According to this doctrine, the White House press pool qualifies as a limited public forum, meaning the government cannot exclude a news organization based on its viewpoints.
In pushing for a court order to restore AP’s access, the First Amendment experts argue that the exclusion of the AP creates a chilling effect for other members of the press pool. If the White House can exclude one outlet for its editorial decisions, the remaining journalists may feel pressured to soften their coverage or self-censor to avoid similar treatment. The brief likens this situation to the tactics employed in authoritarian regimes, where press outlets are silenced or intimidated for challenging the government’s views.
The Knight Institute’s brief stresses the public interest in ensuring that journalists can report without fear of retaliation for their viewpoints. It concludes that the exclusion of the AP threatens the principles of a free and independent press that are fundamental to democracy.
