DOJ Defends Trump’s White House Ban on CNN, Politico, and MS NOW
The outlets challenge the ban, arguing it violates the First Amendment. A judge hears their case on Wednesday, September 23, 2026.
Background
President Donald Trump (get the details) (explore this topic) banned CNN, Politico, and MS NOW from accessing the White House, citing their publishing of classified information and sensitive details. The Justice Department (DOJ) now seeks to dismiss the outlets' emergency application to regain access.
DOJ Argument
In a court document filed Tuesday, DOJ lawyers justify Trump's decision, stating:
- Access to the White House is a privilege, not a right.
- The banned outlets had previously published classified or sensitive information, tying the ban to national security.
- Lifting the ban could raise separation-of-powers concerns.
Outlets' Response
On Monday, CNN, Politico, and MS NOW sued Trump, claiming retaliation for their news coverage—a violation of the First Amendment. They also argued that the ban lacked prior notice or due process, contradicting their Fifth Amendment rights.
"This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles."
Government's Position
The DOJ wants Trump to consider journalists' views when granting access and suggests overturning a landmark ruling protecting reporters' access. They argue that the government might control reporters' access to restricted areas, justifying viewpoint discrimination.
Letter Allegations
White House Press Office letters accuse the outlets of unprofessional behavior and spreading false national security claims. Specific stories cited include coverage of Iran, Trump's White House ballroom, Russia sanctions, a Politico Playbook report on the Republican convention, and an MS NOW piece on U.S. munitions in Iran.
Timeline and Support
The outlets have until September 25 to respond. Over 40 media companies and press organizations, including NBCUniversal (owner of NBC News), have submitted a brief supporting them. Major television networks have also halted live broadcasts of Trump since the ban took effect.
This ban follows previous restrictions on journalists, such as the 2025 limitation on Associated Press by the same court. This year, the U.S. dropped to 64th place in the RSF press freedom index.