A federal appeals court ruled Friday that President Trump can exclude The Associated Press from the Oval Office, overturning part of a lower court ruling that had ordered him to give the news service equal access. Here’s what you need to know about the First Amendment press access decision:
The appeals court ruling
D.C. Circuit Court sided with Trump in 2-1 decision:
- President can exclude AP from Oval Office specifically
- Oval Office deemed special presidential workspace
- Trump retains discretion over access to “private workspaces”
- Judge Naomi Rao wrote majority opinion with Judge Gregory Katsas
The access distinction
Court drew line between different White House spaces:
- Oval Office access can be restricted by president
- East Room and similar spaces cannot have restricted access
- “Restricted presidential spaces are not First Amendment fora”
- Air Force One also considered restricted presidential space
The Gulf of America dispute
Controversy began over terminology requirements:
- Trump tried to boot AP over “Gulf of America” refusal
- Wire service wouldn’t adopt president’s new terminology
- AP lost access to press pool for Oval Office events
- Pool also covers Air Force One and other spaces
The White House policy changes
Access rules evolved during dispute:
- AP initially lost special press pool access
- White House later demoted Reuters and Bloomberg too
- All wire services now on par with other outlets
- Washington Times, New York Times, Wall Street Journal have equal access
The First Amendment questions
Case centered on press rights versus presidential control:
- Whether news organizations have speech rights trumping access control
- Majority said newsgathering has some First Amendment protections
- Court ruled newsgathering “is not itself a communicative activity”
- President’s discretion over access upheld for Oval Office
The dissenting opinion
Judge Cornelia Pillard disagreed with majority:
- Said punishing AP for viewpoint crossed lines
- Noted no court has upheld exclusion based on outside viewpoint
- Criticized attempt to deny benefit for refusal to use terminology
- Argued against viewpoint discrimination
The current press pool system
How White House media access typically works:
- Dozens of organizations in rotation for events
- AP reporters have same chance as major newspapers
- Separate rotating pool exists for photographers
- Far fewer organizations in photography pool
The legal implications
Ruling could affect future press access:
- Appeals court decision gives Trump legal backing
- Access to Oval Office events could be curtailed
- Other White House spaces remain protected
- Foundation for Individual Rights and Expression criticized ruling
What happens next
Case could continue or affect media landscape:
- Aaron Terr urged AP to keep fighting case
- Ruling allows “blatant viewpoint discrimination” according to critics
- Legal precedent set for presidential workspace access
- Newsgathering protection questions remain unresolved
Read more:
• Appeals court rules Trump can boot Associated Press from Oval Office
This article is written with the assistance of generative artificial intelligence based solely on Washington Times original reporting and wire services. For more information, please read our AI policy or contact Ann Wog, Managing Editor for Digital, at awog@washingtontimes.com
The Washington Times AI Ethics Newsroom Committee can be reached at aispotlight@washingtontimes.com.
