An appellate court in a 2-1 ruling Friday allowed President Donald Trump to ban the Associated Press from the Oval Office and other restricted presidential spaces, overruling a lower court.
Trump had banned the news organization from the Oval Office in February after it refused to update its stylebook to use the new Gulf of America name on first reference.
The appellate court ruled that the White House will likely succeed in its case because restricted presidential spaces are not First Amendment fora, and the administration should have the discretion to determine who occupies the space.
“The White House is likely to succeed on the merits because these restricted presidential spaces are not First Amendment fora opened for private speech and discussion,” the ruling reads. “The White House therefore retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted.”
“Moreover, without a stay, the government will suffer irreparable harm because the injunction impinges on the president’s independence and control over this private workspaces,” the ruling concludes.
The ruling comes after the AP challenged the Trump administration on the ban, citing the First Amendment. A lower court previously sided with the AP in saying the ban violated the Constitution.
“About two months ago, President Donald Trump renamed the Gulf of Mexico the Gulf of America,” District Judge Trevor McFadden said. “The Associated Press did not follow suit. For that editorial choice, the White House sharply curtailed the AP’s access to coveted, tightly controlled media events with the president.”
“The AP now sues the White House chief of staff, her communications deputy, and the press secretary,” the Trump appointee continued, “seeking a preliminary injunction enjoining the Government from excluding it because of its viewpoint. Today, the court grants that relief.”
THE WHITE HOUSE PLAYS NAME GAMES WITH THE ASSOCIATED PRESS
“We are gratified by the court’s decision,” AP spokeswoman Lauren Easton said after the original decision. “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.”
Per AP Stylebook guidance, “the Gulf of Mexico has carried that name for more than 400 years,” and journalists should “refer to it by its original name while acknowledging the new name Trump has chosen.”
