On Friday, a 2-1 ruling from the US Court of Appeals for the DC Circuit overturned a lower-court judge’s order that had permitted the wire service to rejoin a rotating pool of reporters covering the president’s daily activities.
The news agency filed a lawsuit against the Trump administration in February after the White House press office began restricting access for AP reporters and photographers because the wire service refused to modify its style guide to refer to the “Gulf of Mexico” as the “Gulf of America” in response to a Trump executive order.
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A federal judge in Washington mandated that the White House restore the AP’s access, effective April 14, after the appeals court chose not to intervene immediately. The AP may now seek a reconsideration from the full panel of active judges in the DC Circuit or request the US Supreme Court to step in.
“We are disappointed in the court’s decision and are reviewing our options,” AP spokesperson Patrick Maks stated.
Trump celebrated the ruling as a “Big WIN over AP today” on his Truth Social platform, stating, “They refused to report the facts or the Truth on the GULF OF AMERICA. FAKE NEWS!!!
In the majority opinion, Judge Neomi Rao noted that the lower court’s ruling “impinges on the president’s independence and control over his private workspaces.” However, the panel upheld part of the initial order, allowing the AP continued access to the East Room in the White House, typically available to a wider group of reporters.
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“Throughout our nation’s history, presidents have conducted vital meetings and made historic decisions in the Oval Office and on Air Force One,” Rao, accompanied by Judge Greg Katsas, wrote. “At times, they have permitted the press to observe. Yet, these restricted presidential spaces are not First Amendment forums, and the President maintains the discretion over who is granted access.”
Rao and Katsas were both nominated by Trump during his first term, while Judge Nina Pillard, dissenting in the case, was appointed by former President Barack Obama. Historically, the AP has been included in a small group of media outlets that cover the president’s daily activities and events accessible to larger crowds of credentialed media.
In an order dated April 8, US District Judge Trevor McFadden stated that the AP likely had a strong case arguing that the Trump administration violated the First Amendment of the US Constitution by discriminating against one media outlet based on its editorial choices. While he affirmed that officials were free to exclude journalists from one-on-one interactions with Trump, they could not dismiss the AP if it admitted its peers.
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The case is Associated Press v. Budowich, 25-5109, DC Circuit Court of Appeals (Washington)
