The Gulf of Mexico Returns: District Court Orders that the White House Restore AP Access to the Oval Office

 The Associated Press made an editorial decision to continue to call the Gulf of Mexico by the name it has historically had (and that is used by all Nations save One).  In response the Trump White House Press operation barred the AP from Oval Office events and East Room events to which the press is otherwise invited.  

Seems like a clear cut violation of the First Amendment to me.  The law is clear that while the White House does not need to give the press access to the Oval Office or other places in the White House, but if it does give access it cannot discriminate on the basis of speech.  It has a great deal of power to limit access to White House spaces, but there are limits.  One critical limit is that access to the White House cannot be be limited based on the expression of viewpoints.

Today the U.S. District Court for the District of Columbia agreed.  It ordered the White House to "immediately rescind the denial of the AP’s access to the Oval Office, Air Force One, and other limited spaces based on the AP’s viewpoint when such spaces are made open to other members of the White House press pool" and l immediately rescind their viewpoint-based denial of the AP’s access to events open to all credentialed White House journalists."

The court's opinion is lengthy, and well reasoned.  Here is its summary:

The Government repeatedly characterizes the AP’s request as a demand for “extra special access.” Gov’t Opp’n Br. at 12; see also id. at 10–11, 17. But that is not what the AP is asking for, and it is not what the Court orders. All the AP wants, and all it gets, is a level playing field. See Mot. Preliminary Inj. at 45 (“[T]he AP’s journalists seek access to a forum—opened by the White House—on the same terms as other journalists.” (cleaned up)); see also Hr’g Tr. at 186:1–187:25. In framing things otherwise, the Government fails to fully engage with forum analysis and retaliation caselaw. Rather than grappling with the implication of these doctrines, the Government tries to sidestep them. Defendants may pursue their favored litigation tactics, but the Court must address the merits of the relief requested.

The AP seeks restored eligibility for admission to the press pool and limited-access press events, untainted by an impermissible viewpoint-based exclusion. That is all the Court orders today: For the Government to put the AP on an equal playing field as similarly situated outlets, despite the AP’s use of disfavored terminology. The Court does not order the Government to grant the AP permanent access to the Oval Office, the East Room, or any other media event. It does not bestow special treatment upon the AP. Indeed, the AP is not necessarily entitled to the “first in line every time” permanent press pool access it enjoyed under the WHCA. But it cannot be treated worse than its peer wire services either. The Court merely declares that the AP’s exclusion has been contrary to the First Amendment, and it enjoins the Government from continuing down that unlawful path.

You can read the order and decision here. A victory for the First Amendment.