US President Donald Trump’s administration said on Tuesday in response to a request from various news outlets to restore its access to the White House countered that “access to the White House is a privilege – not a right.”
First, the Department of Justice (DOJ) stated that the journalists’ arguments to which they had been exposed Viewpoint-based discrimination should fail. The Non-public forum doctrine deals with government-owned or operated property that has not historically been opened to the express use of members of the public. In non-public forums, the government may engage in speaker- and content-based distinctions, provided the distinctions are appropriate and thought-neutral. The government can also ban the speech of outside speakers entirely as long as they meet the same minimum standards of appropriateness and viewpoint neutrality.
The DOJ is pursuing a number of cases arguing that the White House should not be classified as a closed forum because access to the White House has always been “tightly controlled and highly selective.” And when access is so selective, “viewpoint considerations might be permissible.”
Second, the government claims it has a “compelling interest in granting access only to journalists who meet “the minimum standards of professionalism.” This conclusion comes from Sherrill vs. Knightwhere the Court of Appeals for the D.C. Circuit ordered that “access shall not be denied arbitrarily or for less compelling reasons.” The DOJ says the three media outlets failed to comply with these requirements: “It constitutes a significant breach of decency to publish confidential information.” sensitive national security information.” The government further emphasizes that it has a “compelling interest in national security.”
Third, according to the DOJ, plaintiffs are likely to fail First Amendment retaliation claim because they could not prove that their protected speech was the reason for Trump’s decision to ban the organizations. In other words, Trump would have taken the same actions for the reasons outlined above regardless of whether the plaintiffs exercised their First Amendment rights.
Finally, the government states that there is no “constitutionally protected liberty interest in access to the White House” and no corresponding First Amendment right to access the White House. Therefore, according to the DOJ, the plaintiffs are due process Claim must fail.
The Justice Department’s request comes after Trump banned journalists from three news organizations – CNN, MS NOW and Politico – from the White House, saying they were spreading “fake news.” Trump declared that media outlets should not be able to spread “fiction and lies.” In response, news outlets sued the Trump administration, saying the ban violated their rights to free speech and due process First And Fifth changes or
The government has asked the court to dismiss the plaintiffs’ lawsuit. Movement for an interim injunction.
