File photo: An updated solidarity sign adding CNN, MSNOW and POLITICO hangs outside the Associated Press booth at the White House grounds after US President Donald Trump banned three major news outlets – CNN, MS
The Trump administration has told a federal court that the president can restrict reporters’ access to the White House, including on the basis of their reporting, arguing that protecting national security gives him broad authority over who can enter the complex. In a court filing late Tuesday, the Justice Department argued that “access to the White House is a privilege, not a right” and said the administration could deny journalists access to restricted presidential areas even for “viewpoint-discriminatory reasons”.
Because they are members of the press, citing previous court rulings, the DOJ said the First Amendment does not create a right for journalists to enter the White House or obtain government information simply.
The Justice Department said the White House is a highly controlled government facility and argued that First Amendment protections do not give journalists an independent right to access it. The DOJ said the government had two “compelling reasons” for restricting the journalists’ access: enforcing minimum standards of professionalism and protecting classified information. The DOJ further said the president had determined that reporting by the three organisations had threatened national security, including reports involving sensitive information about the White House complex.
The administration also argued that the president has constitutional authority to protect information relating to national security. The filing cited a Supreme Court ruling recognising the president’s authority to classify and control access to national-security information.
The administration considers the publication of classified or sensitive national security information a violation of the standards expected of journalists granted access to the White House, according to the filing.