U.S. Court Upholds Restrictions on AP Access to Presidential Spaces

A federal appeals court panel appeared inclined Monday to uphold the White House’s authority to limit The Associated Press access to certain presidential spaces. The three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit heard arguments in the AP’s challenge to restrictions imposed earlier this year after the organization declined to adopt the term “Gulf of America” in its Stylebook.

“Just like the president is not above the law, the Oval Office is not a First Amendment-banned forum for the purpose of conducting the government’s business,” said Charles Tobin, representing the AP. The AP sued three senior White House officials after its reporters were barred from the Oval Office, Air Force One, and other limited-access areas. A district judge previously ordered the administration to restore the AP’s access when those locations are open to the press pool, but the appeals court panel paused that ruling while the case proceeds.

Since then, AP photographers have returned to the in-town and travel pools, and some AP reporters have had intermittent pool assignments. Judges Neomi Rao and Gregory Katsas, both appointed by President Donald Trump, signaled support for maintaining the restrictions. The administration urged the appeals court to overturn U.S. District Judge Trevor McFadden’s decision, arguing that the government may select which journalists receive access and that doing so does not hinge on viewpoint considerations. “Ultimately, the question is, when the president invites reporters into the Oval Office, is he creating a First Amendment forum?” Justice Department attorney Yaakov Roth said. “I think the answer to that is clearly not.”

The AP filed suit in February, arguing the restrictions violate First Amendment free speech protections. Trump issued an executive order in January directing federal agencies to use “Gulf of America” in official references. The AP said it was disappointed in the outcome. The organization stated that the press and the public have a right to speak without government retaliation.

The full U.S. Court of Appeals for the District of Columbia Circuit left in place a June 6 ruling by a divided three-judge panel. That ruling allowed the administration to maintain limits on AP access to certain White House areas.