Can Trump legally ban media outlets from White House? DOJ says yes — here's what happens next

In a court filing, the DOJ defended Trump's ban on three news outlets, asserting that White House access is a privilege tied to national security. The outlets are suing, arguing the ban infringes on their First Amendment rights and violates due-process principles.

The US Department of Justice (DOJ) has urged a federal judge not to block President Donald Trump’s decision to ban three news outlets from the White House, arguing that “access to the White House is a privilege — not a right”, according to CNBC.

In a court filing late Tuesday, the DOJ reportedly said Trump’s decision to bar MS NOW, CNN and Politico was driven by concerns over national security.

The filing came ahead of a Wednesday teleconference hearing in the US District Court in Washington, DC, where Judge Timothy Kelly is scheduled to hear arguments from lawyers representing the three outlets.

They have asked the court to block the ban as part of a lawsuit filed against Trump and his administration on Monday.

“The President has determined that Plaintiffs have reported classified or sensitive information bearing on national security,” the DOJ said, according to CNBC.

“The President therefore has a compelling interest in limiting access to White House grounds to organizations that do not pose such a risk to national security,” the filing said.

Trump announced the ban on Truth Social on Friday, accusing CNN, MS NOW and Politico of reporting what he described as “FAKE NEWS”.

He said the decision was a response to what he called the outlets’ repeated publication of “FICTION and LIES” while covering the US president, his administration and the country.

Trump also indicated that other media organisations could face similar restrictions.

What are the media outlets arguing?

CNN, MS NOW and Politico filed a lawsuit in federal court in Washington, DC, on Monday, arguing that the ban was unlawful retaliation for constitutionally protected speech, as per Reuters.

The outlets also alleged that the administration violated their due-process 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,” the organisations said.

Can the White House decide who gets media access?

The dispute raises a broader constitutional question over the government's power to control access to the White House while allowing journalists from other organisations to cover the president.

First Amendment experts and the White House Correspondents’ Association have described the decision to turn away credentialed reporters as unconstitutional, according to Reuters.

Legal expert Lucy Dalglish, cited by Reuters, has also pointed to an important distinction: “The government may have discretion over whether to provide media access in the first place, but once it opens a space to the press, it cannot necessarily restrict access based on a journalist’s viewpoint or the content of their reporting”.

“They don’t have to allow anyone in, but once they do, they cannot decide who gets in based on viewpoint or content,” Dalglish said.

According to the filing, Trump determined that the three outlets had reported classified or sensitive information involving national security.

What has White House said?

The White House has defended the decision, arguing that the affected news organisations can continue reporting from outside the White House.

It said the outlets were capable of covering the administration without demanding access to the Oval Office.

“The Fake News has no place demanding a spot in the President’s Oval Office. The lies they smear are a disservice to the American public and tear at the very fabric of our Democracy,” the White House said in a statement.

What happens next?

Judge Timothy Kelly, a Trump appointee, is scheduled to hear arguments on Wednesday on the request of the affected media houses to block the ban.

The case will put the administration’s national-security justification against the outlets’ First Amendment claims.

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