In a District of Columbia court, Judge Timothy Kelly issued a temporary restraining order of 14 days against the ban, saying it “likely violated” the media outlets’ “constitutional due process rights.” The order came in response to a lawsuit filed against the Trump Administration by CNN, MS NOW, and Politico on Monday, in which the outlets argued the ban was a “direct assault” on the First Amendment and violated their Fifth Amendment due process rights.
TIME has approached the White House and Justice Department for comment.
The judge also rejected the Trump Administration's assertion that the media ban was motivated by “national security” concerns. “Certainly, that is not what President Trump said when he announced that he was ‘banning’ plaintiffs from the WhiteHouse—instead, he focused on the alleged lack of truthfulness and negativity of plaintiffs’ reporting,” Kelly wrote, referencing Trump’s “fake news” reasoning.
There has been an outpouring of solidarity among other media outlets in light of the ban.
In a rare joint statement, ABC, CBS, CNN, Fox News, and NBC said: “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.”
On Wednesday, 49 media organizations filed a legal brief voicing their support of CNN, MS NOW, and Politico. “Stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence and is impermissible in any type of forum, including the White House,” the brief argued.
What happens next?
Vowing to fight any legal block on his ban, Trump insisted: “Almost without question and, as usual, we’ll go for appeal, because fake news people and publications that only write negatively, and who violate our national security by writing false and defamatory stories with unknown ‘sources,’ shouldn’t be allowed access to the [Oval Office].”
Instead, during the 14-day period, the court “will set a schedule for expedited briefing on a motion for a preliminary injunction,” allowing Trump and the media outlets to submit further evidence for Kelly to consider.
CNN challenged the decision in court and it was Judge Kelly who ordered the White House to reinstate the reporter’s press pass.
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