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Tipsheet

Federal Judge Orders White House to Lift Ban on AP

White House Photo/Daniel Torok

A federal judge on Tuesday ruled it was unconstitutional for the White House to bar the Associated Press from Oval Office events.

U.S. District Judge Trevor McFadden said the move violated the First Amendment.

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"The Government offers no other plausible explanation for its treatment of the AP. The Constitution forbids viewpoint discrimination, even in a nonpublic forum like the Oval Office," wrote McFadden, a Trump appointee. 

"Under the First Amendment, if the Government opens its doors to some journalists—be it to the Oval Office, the East Room, or elsewhere—it cannot then shut those doors to other journalists because of their viewpoints," he continued. "The Constitution requires no less."

In February, the White House barred the news organization from the Oval Office and Air Force One for continuing to use the term “Gulf of Mexico” rather than “Gulf of America,” per Trump’s executive order changing the name. 

"The Gulf of Mexico has carried that name for more than 400 years," the AP's style guideline said after the executive order. "The Associated Press will refer to it by its original name while acknowledging the new name Trump has chosen. As a global news agency that disseminates news around the world, the AP must ensure that place names and geography are easily recognizable to all audiences."

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It was unclear whether the White House would move immediately to put McFadden’s ruling into effect. McFadden held off on implementing his order for a week, giving the government time to respond or appeal. Shortly after the ruling, an AP reporter and photographer were turned away from joining a motorcade with the White House press pool to cover Trump’s appearance before the National Republican Congressional Committee.

The AP has been blocked since Feb. 11 from being among the small group of journalists to cover Trump in the Oval Office or aboard Air Force One, with sporadic ability to cover him at events in the East Room. (AP)

“We are gratified by the court’s decision,” AP spokeswoman Lauren Easton said. “Today’s ruling affirms the fundamental right of the press and public to speak freely without government retaliation. This is a freedom guaranteed for all Americans in the U.S. Constitution.”

Conservatives blasted the ruling and hoped the White House would appeal. 

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