By a 2-to-1 vote, a three-judge panel found that the president can bar the news outlet from small settings such as the Oval Office or Air Force One, reversing at least for now a lower court’s ruling.
A federal appeals court on Friday paused a lower court’s ruling that had required the White House to allow journalists from The Associated Press to participate in covering President Trump’s daily events and travel alongside their peers from other major news outlets.
By a 2-to-1 vote, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found that many of the spaces in the White House complex or on Air Force One where members of the press have followed the president for decades are essentially invite-only, and not covered by First Amendment protections.
“The White House therefore retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted,” wrote Judge Neomi Rao, a Trump appointee. She was joined by Judge Gregory G. Katsas, who was also appointed by Mr. Trump.
The ruling temporarily lifted the requirement that the White House give A.P. journalists the same access as other news media professionals while the appeal continues. But it was clouded by the fact that the situation facing The Associated Press has shifted considerably since the legal standoff began in February.
The lawsuit was born of a dispute between The Associated Press and the White House over the outlet’s refusal to adopt language favored by Mr. Trump and refer to the Gulf of Mexico as the Gulf of America.
When The Associated Press refused to change its newsroom style and take up the new name, the White House began openly excluding the outlet’s journalists from covering Mr. Trump as part of a daily rotation system that news media companies have long used to deal with the limited space in some areas and share the cost and commitment of covering the president.
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Source: Elections - nytimes.com