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One small step for the AP was a giant leap for the free press.
Last week, a federal court ruled in favor of the Associated Press, ordering the Trump administration to restore the organization’s access to the White House press pool. But the decision was an even more significant victory for American media.
In February, the Trump administration shut out AP reporters and photographers after the news service continued to use “Gulf of Mexico” rather than Trump’s preferred “Gulf of America” in its stylebook. The guide sets industry standards and is used by many media outlets.
The White House press pool allows a small, rotating group of media companies access to restricted spaces, such as the Oval Office and Air Force One. The AP has traditionally been included in the pool because of its status as an independent global network whose approximately 15,000 members depend on it for content. But it was ousted from its role in a fit of pique by Trump, and rather than capitulating, the wire service sued, alleging violations of its First Amendment rights.
In his opinion granting a preliminary injunction ordering the White House to restore access, Judge Trevor McFadden, a Trump appointee, found that the government singled out the media company solely for its refusal to change the Gulf’s name.
In fact, he wrote, the government offered no other reason. The court found that this constituted “prohibited viewpoint discrimination,” violating the First Amendment’s right to a free press, by permitting some media members access while barring the AP, based solely on its editorial choices. As McFadden wrote in his opinion, “(U)nder 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. The Constitution requires no less.”