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White House barring AP from press events violates the First Amendment
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A widening gulf has opened between the Trump administration and the Associated Press.
Which gulf?
Precisely.
On Tuesday, the AP the White House blocked one of its reporters from attending an event in the Oval Office because the outlet continues to use the name Gulf of Mexico in its reporting. This, despite President Donald Trumpās recent renaming it the Gulf of America.
After Trump signed that order, the AP it would continue referring to the gulf by its original name āwhile acknowledging the new name Trump has chosen.ā It did so in part because the gulf borders other countries that donāt recognize the name change. (The AP did update its Stylebook to reflect Trumpās separate decision to revert the name of North Americaās highest mountain, which President Obama changed to the native moniker Denali, to Mount McKinley because that āarea lies solely in the United States.ā)
In a Wednesday briefing, Press Secretary Karoline Leavitt the APās allegations:
I was very up front in my briefing on day one that if we feel that there are lies being pushed by outlets in this room, we are going to hold those lies accountable. And it is a fact that the body of water off the coast of Louisiana is called the Gulf of America.
The standoff continues ā and has escalated beyond Oval Office events. Last night, the White House the AP from an open press conference featuring Trump and Indian Prime Minister Narendra Modi.
Āé¶¹“«Ć½IOS issued a statement condemning the administrationās actions, which have drawn criticism from , , and across the political spectrum.
In a to White House Chief of Staff Susie Wiles, AP Executive Editor Julie Pace called the administrationās actions āviewpoint discrimination based on a news organizationās editorial choices and a clear violation of the First Amendment.ā
Sheās right.
To be sure, the First Amendment does not require the White House to open its doors to the media or hold press conferences. Nor does the president have to do a one-on-one interview with CNN just because he did one with Fox News. But make clear that once the government grants media access, it has to play by constitutional rules.
That doesnāt mean the White House has to allow every reporter in the world into the Oval Office or briefing room. Space constraints obviously make that impossible, and not every journalist will manage to secure a press pass. But the reason for denying access matters. When the government shuts out journalists explicitly because it dislikes their reporting or political views, that violates the First Amendment.
As one federal court , āNeither the courts nor any other branch of the government can be allowed to affect the content or tenor of the news by choreographing which news organizations have access to relevant information.ā
And because denying press access involves the potential deprivation of First Amendment rights, any decision about whoās in or out . That means the government must establish clear, impartial criteria and procedures, and reporters must receive notice of why they were denied access and have a fair opportunity to challenge that decision.
The AP ā a major news agency that produces and distributes reports to thousands of newspapers, radio stations, and TV broadcasters around the world ā has had long-standing access to the White House. It is now losing that access because its exercise of editorial discretion doesnāt align with the administrationās preferred messaging.
Thatās viewpoint discrimination, and itās unconstitutional.
This isnāt the first time the White House has sent a journalist packing for reporting critically, asking tough questions, or failing to toe the government line. During Trumpās first term, the White House CNN reporter Jim Acostaās press pass after he interrogated the president about his views on immigration. After the network sued, a federal court ordered the administration to restore Acostaās pass.
But court decisions spanning decades make clear that once the government grants media access, it has to play by constitutional rules.
Democratic administrations have also unacceptably targeted disfavored outlets for exclusion. The Obama administration to exclude Fox News from a press pool because of displeasure with its coverage. Obamaās deputy press secretary Josh Earnest said at the time, āWeāve demonstrated our willingness and ability to exclude Fox News from significant interviews.ā
Similar attacks on press freedom happen at all levels of government. In 2022, Āé¶¹“«Ć½IOS filed an amicus curiae ā āfriend of the courtā ā brief in a First Amendment lawsuit challenging vague and arbitrary press pass rules that Arizona elections officials used to block a Gateway Pundit journalist from press conferences. The officials didnāt like the conservative journalistās political views or negative coverage, including his āinflammatory and/or accusatory language.ā After the U.S. Court of Appeals for the Ninth Circuit initially ruled in favor of The Gateway Pundit, the outlet received a $175,000 settlement.
The current spat over naming conventions for a body of water may seem trivial. But it sends a chilling message to all journalists that White House access hinges on whether the president approves of their reporting. Left unchecked, such a precedent opens the door to broader efforts to manipulate public discourse and undermine press freedom. What other āliesā might the Trump administration hold media outlets āaccountableā for? Could scrutiny of its immigration policies, economic performance, or claims about election integrity be next?
The characterization of the APās editorial style choice as a ālieā shows the danger of empowering the state to police mis- or disinformation. The Chinese government about anyone who calls a certain territory āTaiwanā instead of the āRepublic of Chinaā or āChinese Taipei.ā To a government official with a misinformation hammer, every deviation from official messaging looks like a nail. We saw enough misguided attempts to police āmisinformationā during the Biden administration. Letās leave that behind.
In an signed the same day as the one renaming the gulf, Trump promised to āensure that no Federal Government officer, employee, or agent engages in or facilitates any conduct that would unconstitutionally abridge the free speech of any American citizen.ā Thatās a good policy, and the administration should stick to it ā the First Amendment requires no less.
Any government attempt to control the flow of information strikes a blow at the First Amendment. A free press performs a vital democratic function ā gathering, curating, and delivering information, which we can then evaluate for ourselves. Without the acting as a crucial check on government power, weāll know less about what our elected officials are up to, and face greater difficulty holding them accountable.
The beauty of this countryās ideologically diverse media landscape is that if you distrust a particular source, countless others are available offering different information and perspectives. Preserving this rich information ecosystem demands constant vigilance against any threats to free speech and a free press, regardless of who the target is. The alternative ā no matter what name you give it ā is censorship.
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