Federal Judge Issues Temporary Restraining Order Against White House Press Ban

In a District of Columbia court, Judge Timothy Kelly issued a temporary restraining order of 14 days against the ban, saying it “likely violated” the media outlets’ “constitutional due process rights.” The order came in response to a lawsuit filed against the Trump Administration by CNN, MS NOW, and Politico on Monday, in which the outlets argued the ban was a “direct assault” on the First Amendment and violated their Fifth Amendment due process rights.

In a significant setback for Trump, the court ordered that journalists from the banned media outlets should have their White House access reinstated “until further order of the court or the expiration of this temporary restraining order.” In a statement to TIME, Ted Boutrous, the lawyer representing the news outlets, said “this is a strong ruling vindicating freedom of the press, due process and the rule of law. We greatly appreciate the court’s swift action.”

Outlining his ruling, Kelly said the outlets had “shown a likelihood of success, at least on their Fifth Amendment procedural due process claim.” The Fifth Amendment protects Americans from being “deprived of life, liberty, or property, without due process of law.” Kelly determined that the outlets were “likely to succeed in showing that their hard passes were revoked without constitutionally adequate due process.”

The judge also rejected the Trump Administration's assertion that the media ​ban was motivated by “national security” concerns. “Certainly, that is not what President Trump said when he announced that he was ‘banning’ plaintiffs from the WhiteHouse—instead, he focused on the alleged lack of truthfulness and negativity of plaintiffs’ reporting,” Kelly wrote, referencing Trump’s “fake news” reasoning.

The Justice Department, in a legal filing on Tuesday said the outlets had “received adequate notice” of the ban (a point contested by Kelly) and insisted “the President’s actions are lawful under the First Amendment.”

CNN, one of five U.S. news outlets in the White House press pool that rotates responsibility for pooled live video coverage, was scheduled to cover Trump's trip to the U.N. General Assembly in New York on Monday. When they were restricted from doing so, other major television networks declined to replace CNN’s pool crew.

In a rare joint statement, ABC, CBS, CNN, Fox News, and NBC said: “The public has a vital interest in receiving accurate, independent information about its government. No Administration should restrict a news organization because it objects to its reporting.”

In a further show of support, some media publications—including the New York Times and Washington Post—announced they would hold off on publishing or distributing still photographs taken as part of the White House pool coverage.

On Wednesday, 49 media organizations filed a legal brief voicing their support of CNN, MS NOW, and Politico. “Stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence and is impermissible in any type of forum, including the White House,” the brief argued.