By Stacy Robinson
WASHINGTON—A federal judge on Feb. 24 declined The Associated Press’s emergency bid to force the White House to restore its press access to the Oval Office and Air Force One.
In denying the application, U.S. District Judge Trevor McFadden agreed with the government that AP was asking for special access to the White House and that an emergency block was not necessary because the news outlet was not being harmed irreparably.
AP sued last week, alleging that the administration violated the First Amendment by retaliating over AP’s decision not to use “Gulf of America” instead of “Gulf of Mexico” after Trump’s order changing the name.
The outlet said it would mention the name change but that it would continue using “Gulf of Mexico” because its style book demands it “must ensure that place names and geography are easily recognizable to all audiences.” AP’s stylebook is used by most media organizations as an initial reference point.
According to the plaintiffs, White House press secretary Karoline Leavitt requested a meeting with AP’s chief White House correspondent, Zeke Miller, on Feb. 11, where she informed him that the agency would be banned from the Oval Office press pool until it began using the term “Gulf of America” in its reporting.
The AP also alleged this is a violation of its Fifth Amendment right to due process.
The suit names Leavitt, deputy chief of staff Taylor Budowich, and chief of staff Susan Wiles as defendants.
The White House urged the judge to reject AP’s request for a restraining order, arguing that the news agency continues to enjoy general press access, like any other media outlet, and has continued to report on the Trump administration.
AP has no special right to “unfettered access to the president’s exclusive gatherings, even when other news agencies do not have that right,” the government said.
“Most journalists have no routine access to the Oval Office, Air Force One, or the president’s home at Mar-a-Lago.”
It also said the president “need not engage with, or provide special access to, journalists,” citing Sherrill v. Knight, which said it would “be unreasonable to suggest that because the president allows interviews with some bona fide journalists, he must give this opportunity to all.”
The government also cited Baltimore Sun Co. v. Ehrlich, which stated that “reporters are sometimes denied access because an official believes them to be unobjective,” but found that this was not a violation of the Constitution.
