周一,被唐纳德·特朗普总统禁止进入白宫的三家新闻媒体提起了第一修正案诉讼,以恢复他们的访问权。
在川普周五宣布禁令后,CNN、NOW女士和政治正在寻求一项临时限制令,要求白宫恢复他们的记者资格。
在周一的一份联合声明中,三家新闻媒体表示,诉讼旨在“保护我们的第一修正案权利,捍卫政府不能决定媒体报道或出版什么的原则。”
“在没有通知或程序的情况下,白宫吊销了我们记者的证件,因为它反对我们的报道。这威胁到了新闻自由和公众不受政府干涉的独立新闻权利。
特朗普周一在新闻发布后的一篇社交媒体帖子中表示,禁止记者不是“对自由媒体的攻击”,而是“对假新闻的攻击”,他声称这是对国家安全的“威胁”。
周一晚些时候,在与纽约市长佐兰·马姆达尼(Zohran Mamdani)在纽约会晤后举行的新闻发布会上,特朗普和市长被问及禁令,特朗普说,“这很有意思,因为他们说他们要抵制我,但他们从来没有抵制我,所以我不太担心。看看那些媒体,”向聚集在格雷西大厦外的记者们致谢。
“我们会看到一切是如何进行的,”他后来补充道。
就他而言,马姆达尼说,“我告诉总统,我们将让所有媒体成员在草坪上,这是我相信的事情——我们让每个人都参与进来,不管是意见还是批评。”
特朗普周五在社交媒体上发表的一篇帖子中说,“媒体在报道美国总统、特朗普政府或美利坚合众国时,不应该不断地写或报道虚构和谎言。”
在他发布消息后不久,在椭圆形办公室的一次活动中,总统暗示可能会对其他渠道施加更多限制。特朗普告诉记者,他支持新闻自由,但“你需要一个公平和诚实的媒体。”
“真恶心。我是说,一个允许人们故意写负面文章的国家有问题。如果他们想写,没问题。但我没有让他们进入我的,进入人们的房子,”特朗普说。
三家媒体的记者在周末被白宫拒之门外。CNN的一名记者在广播中说,一名特工告诉她,她的徽章已经被停用。
诉讼称,这三家媒体在多个方面挑战总统禁令的合法性。
该诉讼称,禁令侵犯了媒体记者的正当程序权,非法报复了他们受保护的言论,并因非法原因禁止他们进入非公共论坛,违反了第一修正案。
新闻媒体写道,“这项禁令是对第一修正案最直接的攻击,也是对我们最基本的宪法原则最公然的违反。”。
该诉讼警告称,如果特朗普寻求扩大禁令范围,将对其他新闻机构产生连带影响,正如他周五在椭圆形办公室的讲话中所说的那样。
“该禁令已严重阻碍了CNN、MS NOW和POLITICO对总统及其政府的报道能力,”诉状中写道。“每天,白宫和记者团都会爆出至关重要的新闻:特朗普总统是一个处于战争状态国家的三军统帅;他今天将前往纽约,于明天在联合国大会上发表讲话;他将于周四在白宫会见中国国家主席
白宫电视新闻联播的五家成员——美国广播公司新闻(ABC News)、美国全国广播公司新闻(NBC News)、哥伦比亚广播公司新闻(CBS News)、福克斯新闻媒体(Fox News Media)和美国有线电视新闻网(CNN)——周一就此事发表声明,称“公众对获取有关政府的准确、独立信息有着至关重要的兴趣。任何政府都不应因新闻机构反对其报道而对其进行限制。”
周一,副总统约翰·迪克森·万斯(JD Vance)反驳了特朗普的行为构成禁令的观点,称白宫不会向其认为正在散布反对总统及其议程的“宣传”的媒体提供“特殊渠道”。
“他并没有禁止媒体进入。他所做的是说,如果你们从事的是实质上的宣传活动,我们就不会给你们进入白宫的特别权限,”万斯说道。
特朗普最初在社交媒体上发帖称,他正在“封禁”这些新闻媒体。
万斯(Vance)被随行前往的媒体记者追问,这如何不是对第一修正案的攻击。万斯表示,媒体机构仍能报道白宫新闻——只是他们将无法维持他所称的“特殊进入权”进入白宫大楼。
“好吧,他们仍然可以报道特朗普的白宫。他们仍然可以获得公开报告。当然,他们仍然可以与政府内部和外部的人士交谈。总统所说的是,‘我们不会给予你们进入白宫内部的特别权限’,”万斯说道。
该民事案件已分配给哥伦比亚特区地方法院法官蒂莫西·凯利,他曾在2018年审理过前美国有线电视新闻网(CNN)记者吉姆·阿科斯塔的诉讼案件,该案同样旨在恢复其记者证。
当时,由特朗普任命的法官凯利裁定阿科斯塔胜诉,因为他发现特朗普政府在吊销其记者证时并未给予他适当的正当程序。
凯利法官已定于周三下午就此案举行听证会。凯利法官命令特朗普政府在听证会前的周二之前,提交其对诉讼的任何回应。
周一,特朗普在社交媒体上对凯利被指派此案一事作出回应,暗示凯利将作出对他不利的裁决,并表示将提起上诉,称那些“通过不明‘消息来源’撰写虚假和诽谤性报道、从而破坏我们国家安全的人,不应被允许进入世界上任何地方最重要的办公室。”
在特朗普早前试图禁止美联社(The Associated Press)成为记者团成员并参加某些白宫活动之后,整个哥伦比亚特区巡回法院和最高法院尚未确立确定的先例。
虽然哥伦比亚特区地方法院的一名法官支持美联社,但哥伦比亚特区巡回法院的三名法官组成的合议庭搁置了该裁决,并随后写道:“受限制的总统空间并非为私人言论和讨论而开放的第一修正案论坛。”
周一的诉讼预计将引用1977年的一项裁决,在该裁决中,整个哥伦比亚特区巡回法院认定,白宫不能未经正当程序而任意拒绝向记者发放记者证。
根据《政治人》分享的法庭文件,律师写道:“正如哥伦比亚特区巡回法院长期以来所坚持的,新闻界人士对其白宫通行证所持有的兴趣‘受第一修正案保护’,并且‘无疑符合第五修正案规定的未经正当法律程序不得剥夺的自由’。”。
'Blatant violation' of rights: News outlets file lawsuit over Trump ban
The three news outlets banned from the White House by President Donald Trump on Monday filed a FirstAmendment lawsuit to restore their access.
CNN, MS NOW and Politico areseeking a temporary restraining orderdemanding theWhite House restore their reporters' credentials after Trump announced the ban on Friday.
In a joint statement on Monday, the three news outlets said the lawsuit aims to "protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes."
"Without notice or process, the White House revoked our journalists' credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public's right to independent journalism free from government interference," the statement said.
Trump said in a social media post following the news on Monday that the barring of journalists was not "an assault on the Free Press" but instead "an assault on the FAKE NEWS," which he claimed was a national security "threat."
Later Monday at a news conference after meeting with New York City Mayor Zohran Mamdani in New York, where he will speak at the United Nations General Assembly on Tuesday, Trump and the mayor were asked about the ban with Trump saying, "It's interesting because they said they were going to boycott me, but they never boycott me, so I wasn't very worried about that. Look at all that press," acknowledging reporters gathered outside Gracie Mansion.
"We'll see how it all works out," he added later.
For his part, Mamdani said, "I told the president that we're going to have all of the members of the press here on the lawn, and that is something that I believe in -- is everyone, no matter the opinion or the critique, that we engage."
Trump said in a post to social media on Friday, "Media Outlets shouldn't be able to constantly write or report FICTION and LIES when they're covering the President of the United States, the Trump Administration, or the United States of America."
At an event in the Oval Office shortly after he posted his message, the president suggested there may be more restrictions on other outlets. Trump told reporters he supports a free press, but that "you need a fair and honest press."
"It's sick. I mean, there's something wrong with a country that can allow people to write purposely negative stuff. Now, if they want to write them, that's fine. But I don't have to let them into my, into the people's house," Trump said.
Journalists from the three outlets were turned away from the White House over the weekend. A reporter from CNN said on air that she was told by a Secret Service agent that her badge had been deactivated.
The three outlets are challenging the legality of the president's ban on multiple fronts, according to the lawsuit.
The lawsuit argues the ban violates the outlets' reporters' due process rights, that it unlawfully retaliates against their protected speech and that it violates the First Amendment by barring them from a nonpublic forum for unlawful reasons.
"This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles," the news outlets wrote.
The lawsuit warns of a cascading effect for other news organizations should Trump seek to expand the scope of the ban, as he said he may do in his Friday remarks in the Oval Office.
"The ban is already severely impeding the ability of CNN, MS NOW, and POLITICO to cover the President and his administration," according to the lawsuit. "Every day, critically important news is breaking at the White House and in the press pool: President Trump is the commander in chief of a country at war; he is traveling to New York today to address the United Nations General Assembly tomorrow; he is meeting with China’s President Xi Jinping at the White House on Thursday; and he is steering national policy on the ever-advancing technology of artificial intelligence. And the ban inflicts an injury on all news media organizations—who now risk a similar fate if they engage in reporting the President deems insufficiently favorable."
The five members of the White House TV pool -- ABC News, NBC News, CBS News, Fox News Media and CNN -- issued a statement on the matter on Monday, saying "The public has a vital interest in receiving accurate, independent information about its government. No administration should restrict a news organization because it objects to its reporting."
Vice President JD Vance on Monday pushed back on the notion that Trump's actions constituted a ban, saying that the White House would not provide "special access" to outlets it deems are spreading "propaganda" against the president and his agenda.
"He's not banning media outlets. What he's doing is saying we're not going to give you special access to the White House if you engage in what is effectively propaganda," Vance said.
Trump's initial social media post said he was "banning" the news outlets.
Vance was pressed by pool reporters traveling to with him on how this is not an attack on the First Amendment. Vance said the outlets are still able to report on the White House -- it's just that they won't be able to maintain what he called "special access" to the building.
"Well, they can still report on the Trump White House. They can still get the public reports. They can still, of course, talk to people in the administration and outside the administration. What the president has said is, 'we're not going to give you special access inside the White House,'" Vance said.
The civil case has been assigned to D.C. District judge Timothy Kelly,who in 2018 oversawformer CNN correspondent Jim Acosta's lawsuit that similarly sought to restore his press pass.
At the time,Judge Kelly, a Trump appointee, ruled in Acosta's favorafter finding that the TrumpWhite House did not afford him proper due process in revoking his credentials.
Judge Kelly has set a hearing for Wednesday afternoon in the case. Kelly has ordered the Trump administration to file any response it has to the lawsuit by Tuesday in advance of the hearing.
Trump reacted to Kelly's assignment to the case in a social media post Monday,suggesting Kelly would rule against him and an appeal was forthcoming, saying those "who violate our National Security by writing false and defamatory stories with unknown 'sources,' shouldn’t be allowed access to the most important Office anywhere in the World."
The full D.C. Circuit and the Supreme Court have yet to establish settled precedent in the wake of Trump's earlier attempted ban on The Associated Press from being part of the press pool and attending certain White House events last year.
While a D.C. District court judge backed the AP, a three-judge panel with the D.C. Circuit put the ruling on hold and later wrote that "restricted presidential spaces are not First Amendment fora opened for private speech and discussion."
Monday's lawsuit is expected to cite a 1977 ruling in which the full D.C. Circuit found that the White House cannot arbitrarily deny a journalist a press pass without due process.
"As the D.C. Circuit has long held, the interest that members of the press have in their White House hard passes is 'protected by the first amendment' and 'undoubtedly qualifies as liberty which may not be denied without due process of law under the fifth amendment,'" the attorneys wrote, according to the court papers shared by Politico.





