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Politics · October 14, 2026

A Trump Appointee Says the President Likely Violated the First Amendment by Banishing Disfavored Journalists

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U.S. District Judge Timothy Kelly, a Trump appointee, issued a preliminary injunction on Tuesday blocking the Trump administration from banning 78 journalists from CNN, MS NOW, and Politico from the White House. The ruling extends a previous temporary order, allowing the reporters to retain their "hard passes" while their lawsuit proceeds. Judge Kelly found that the outlets are likely to succeed on claims that the ban violated their Fifth Amendment rights to due process and First Amendment rights against viewpoint discrimination and retaliation. While the administration argued the ban was based on national security and professionalism, the judge concluded these were likely "post-hoc" justifications that conflicted with the President’s public statements about punishing "fake news."

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Reported across the spectrum

  • Judge Timothy Kelly was appointed to the bench by Donald Trump.
  • The preliminary injunction applies to CNN, MS NOW, and Politico.
  • The ban affected approximately 78 journalists.
  • The judge ruled the outlets are likely to succeed on both First and Fifth Amendment claims.
  • The administration intends to appeal the decision.
  • The White House provided justifications including national security and lack of professionalism after the initial ban.

Reported by only some outlets

  • Journalists for CNN and Politico were occasionally blocked from 'pool duty' (Air Force One/Oval Office) despite the initial temporary order.
  • The judge required the plaintiffs to post a bond of $1.
  • The Associated Press previously sued over restricted access, but the legal merits of that specific ban remain undecided.
  • A Pentagon official, Kingsley Wilson, submitted a declaration regarding national security that the judge found irrelevant to the specific ban decision.

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