A federal judge in Washington was scheduled to hear arguments Wednesday afternoon in the lawsuit by CNN, Politico, and MS NOW seeking to lift President Donald Trump’s ban on their White House access. NBC News (opens in new tab) reported U.S. District Judge Timothy J. Kelly set a hearing for about 3:30 p.m. Eastern; CNBC (opens in new tab) described the session as a teleconference. As of draft time, none of the cited outlets had reported a ruling.
Trump announced the ban in a Truth Social post on Sept. 18, saying it followed what he called constant “fake news” reporting and that other outlets could follow. Reporters from the three organizations were denied entry the next day. The outlets sued in U.S. District Court for the District of Columbia on Sept. 21, calling the ban a direct First Amendment assault and seeking a temporary restraining order to restore press passes while the case proceeds.
In a late Tuesday filing, the Justice Department told the court that White House access is “a privilege — not a right,” and that Trump had determined the plaintiffs reported classified or sensitive information bearing on national security. DOJ and White House letters cited coverage including the White House ballroom and related security complex, munitions supplies tied to the Iran war, an alleged FBI leak inquiry involving a journalist, and Russia sanctions. The letters gave the outlets until 5 p.m. Friday, Sept. 25, to contest the initial decision or see it become final.
Lawyers for the outlets argue the ban is unconstitutional viewpoint discrimination and retaliation for protected newsgathering, pointing to Trump’s own remarks that the outlets write negatively about Republicans and that he does not want them in his office. USA Today (opens in new tab) summarized their claim that White House spaces at issue are a nonpublic forum where restrictions must be viewpoint-neutral, plus a Fifth Amendment due-process challenge for lack of clear standards and a prior hearing. More than four dozen media outlets and groups, including NBCUniversal Media, filed a friend-of-the-court brief urging the judge to side with the banned organizations and calling the administration’s rationale transparently viewpoint discriminatory.
Kelly, a Trump first-term appointee, previously ordered restoration of then-CNN reporter Jim Acosta’s credentials in 2018. Trump has praised and criticized Kelly in recent Truth Social posts and suggested an appeal if the court rules against the administration. The Event Record records those statements as litigants’ and the president’s positions; no order granting or denying the temporary restraining order had been reported by the sources retrieved for this draft.