Judge Kelly issues preliminary injunction restoring White House press access
- A federal judge ordered the White House on Tuesday to continue allowing journalists from CNN, MS Now, and Politico to access the building as a media coalition’s lawsuit...
- The preliminary injunction prevents the administration from executing, implementing, or enforcing the September 18, 2026, decision to revoke the "hard pass" press credentials held by employees of the...
- Judge Kelly found that President Donald Trump's press ban likely violated the First Amendment by punishing news outlets for unfavorable coverage.
A federal judge ordered the White House on Tuesday to continue allowing journalists from CNN, MS Now, and Politico to access the building as a media coalition’s lawsuit against the Trump administration plays out, The Guardian reported. U.S. District Judge Timothy Kelly issued a preliminary injunction maintaining the status quo while the legal challenge proceeds.
The preliminary injunction prevents the administration from executing, implementing, or enforcing the September 18, 2026, decision to revoke the “hard pass” press credentials held by employees of the three news organizations. Kelly concluded that the plaintiffs are likely to succeed on their due process claim as well as two First Amendment claims.
Legal Rationale and First Amendment Findings
Judge Kelly found that President Donald Trump’s press ban likely violated the First Amendment by punishing news outlets for unfavorable coverage. The judge pointed to Trump’s own comments explaining the ban, which showed a likely causal link between the outlets’ protected speech and the revocation of their hard passes. Those comments helped prove that Trump had banned them for retaliatory reasons and viewpoint discrimination.
A federal judge late Tuesday night indefinitely extended his block on the White House from enforcing a ban on three media outlets that President Donald Trump announced in mid-September.The preliminary injunction by Judge Timothy Kelly replaces his temporary restraining order… pic.twitter.com/gqXJRCgICY
Furthermore, Kelly ruled that the mass cancellation of hard passes for nearly 80 reporters likely violated due process because the Trump administration failed to give advance notice that concerns over their reporting could jeopardize their building access. The White House sent notification letters post-hoc, after building access had already been cut off, in violation of binding court precedent and creating a “notice problem” that the judge highlighted as a major hurdle for the government.
Background of the Ban and Ongoing Restrictions
The dispute stems from an extraordinary move on September 18, when the president banned the organizations from entering White House grounds as a result of their constant reporting of what he termed “FAKE NEWS.” In response, the media coalition filed a lawsuit on September 21 seeking to overturn the ban. Kelly previously granted a 14-day temporary restraining order on September 24, which was set to expire on Tuesday before the new preliminary injunction was issued.
During court arguments, Justice Department attorney Michael Velchik argued that removing reporters is within the discretion of the president and pointed to potential national security concerns. However, the judge rejected the government’s claims regarding national security. While the White House has largely adhered to the prior ruling restoring access temporarily, journalists for CNN and Politico have on occasion been prevented from performing pool duty because the administration interpreted the court order to require access solely to the White House complex rather than smaller spaces like Air Force One or the Oval Office.