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White House barring AP from press events violates the First Amendment

Close-up of a sign with The Associated Press logo

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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 Trump鈥檚 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 鈥渨hile acknowledging the new name Trump has chosen.鈥 It did so in part because the gulf borders other countries that don鈥檛 recognize the name change. (The AP did update its Stylebook to reflect Trump鈥檚 separate decision to revert the name of North America鈥檚 highest mountain, which President Obama changed to the native moniker Denali, to Mount McKinley because that 鈥渁rea lies solely in the United States.鈥)

In a Wednesday briefing, Press Secretary Karoline Leavitt  the AP鈥檚 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 鈥 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. 

FIRE issued a statement condemning the administration鈥檚 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 administration鈥檚 actions 鈥渧iewpoint discrimination based on a news organization鈥檚 editorial choices and a clear violation of the First Amendment.鈥 

She鈥檚 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 doesn鈥檛 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 , 鈥淣either 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.鈥

And because denying press access involves the potential deprivation of First Amendment rights, any decision about who鈥檚 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 鈥 a major news agency that produces and distributes reports to thousands of newspapers, radio stations, and TV broadcasters around the world 鈥 has had long-standing access to the White House. It is now losing that access because its exercise of editorial discretion doesn鈥檛 align with the administration鈥檚 preferred messaging. 

That鈥檚 viewpoint discrimination, and it鈥檚 unconstitutional.

This isn鈥檛 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 Trump鈥檚 first term, the White House  CNN reporter Jim Acosta鈥檚 press pass after he interrogated the president about his views on immigration. After the network sued, a federal court ordered the administration to restore Acosta鈥檚 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. Obama鈥檚 deputy press secretary Josh Earnest said at the time, 鈥淲e鈥檝e demonstrated our willingness and ability to exclude Fox News from significant interviews.鈥

Similar attacks on press freedom happen at all levels of government. In 2022, 果冻传媒app官方 filed an amicus curiae 鈥 鈥渇riend of the court鈥 鈥 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 didn鈥檛 like the conservative journalist鈥檚 political views or negative coverage, including his 鈥渋nflammatory and/or accusatory language.鈥 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 鈥渓ies鈥 might the Trump administration hold media outlets 鈥渁ccountable鈥 for? Could scrutiny of its immigration policies, economic performance, or claims about election integrity be next?

The characterization of the AP鈥檚 editorial style choice as a 鈥渓ie鈥 shows the danger of empowering the state to police mis- or disinformation. The Chinese government  about anyone who calls a certain territory 鈥淭aiwan鈥 instead of the 鈥淩epublic of China鈥 or 鈥淐hinese Taipei.鈥 To a government official with a misinformation hammer, every deviation from official messaging looks like a nail. We saw enough misguided attempts to police 鈥渕isinformation鈥 during the Biden administration. Let鈥檚 leave that behind. 

In an  signed the same day as the one renaming the gulf, Trump promised to 鈥渆nsure 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.鈥 That鈥檚 a good policy, and the administration should stick to it 鈥 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 鈥 gathering, curating, and delivering information, which we can then evaluate for ourselves. Without the  acting as a crucial check on government power, we鈥檒l know less about what our elected officials are up to, and face greater difficulty holding them accountable.

The beauty of this country鈥檚 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 鈥 no matter what name you give it 鈥 is censorship.

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