The Guest List
President Donald Trump announced that CNN, MS NOW and Politico were being banned from the White House because of their coverage. The outlets were removed from the press pool, and CNN reporter Betsy Klein had her credential seized when she arrived for work, according to AP and CNN.
This is an unusual way to manage a building full of reporters. Normally, an administration disagrees with coverage and then complains about it on television, social media or in a statement with several adjectives. The new approach appears to be: disagree with the coverage, remove the journalists, and hope the First Amendment is too busy looking for parking.
The Lawsuit Arrives
On Monday, CNN, MS NOW and Politico sued the Trump administration, calling the selective ban a violation of their press rights. The outlets argued that the government cannot punish news organizations for unfavorable reporting by denying them access to the White House and removing them from the press pool.
The lawsuit does not require anyone to like the outlets’ coverage. It asks whether the government can choose which reporters get access based on whether the president approves of what they publish. That distinction is the entire point of a free press: the press is not supposed to earn access by producing flattering homework.
“You Should Not Be Here”
Trump later told CNN, “You should not be here,” even though CNN was covering the president and the White House. This creates a small administrative puzzle. If a reporter is covering the White House, the White House is where the reporter should be. If the reporter is banned for covering the White House, the ban itself becomes the story, which means the reporter was arguably doing the job even from outside the fence.
AP reported that the administration also barred the outlets from pool duty. The press pool exists because the White House cannot accommodate every journalist at every event, so outlets rotate coverage and share notes, video and photographs. Removing multiple organizations does not make the news disappear. It simply means fewer people are standing in the room when the news happens.
The Government Is Not a Restaurant
A private restaurant can decide that a customer’s reviews are obnoxious and ask the customer to leave. The White House is not a restaurant, the president is not a maître d’, and access to government officials is not supposed to operate like a loyalty program for agreeable coverage.
There are legitimate security and logistical rules for press access. There is a much more dangerous rule: access for the reporters who say nice things, exclusion for the reporters who do not. Once that becomes normal, every administration gets a standing invitation to turn the press pool into a fan club.
The Bottom Line
Trump banned three news organizations, the reporters sued, and the White House turned a credential dispute into a constitutional group project. The outlets may be irritating. Their coverage may be biased. None of that answers the central question: who gets to report from the people’s house when the president does not like the reporting?
Sources
Associated Press: MS NOW, CNN and Politico say journalists were denied access after Trump ban
CNN: Trump’s press ban prompts solidarity and a First Amendment challenge