General Discussion

The White House’s decision to punish the Associated Press by eliminating its access to President Donald Trump’s events, the Oval Office and Air Force One is unconstitutional, a federal judge said Tuesday.

The preliminary injunction issued Tuesday afternoon against the White House by US 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 news coverage it dislikes.

“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.”

“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.”