A federal appeals court on Tuesday upheld an earlier ruling allowing the Trump administration to block The Associated Press from covering the president in certain spaces.
The full U.S. Court of Appeals for the District of Columbia Circuit said in an order that it would keep in place a June 6 decision that found that it was legal for the president to restrict access to a news organization in invite-only places like the Oval Office or Air Force One.
The White House has been at loggerheads with The A.P. since February, when it began barring the outlet’s journalists from press events because it continued to use the term Gulf of Mexico in news coverage instead Gulf of America, as the president has renamed the body of water.
After The A.P. sued, a judge for the Federal District Court for the District of Columbia ordered the administration to let The A.P. back into the press pool, a rotating group of reporters who closely follow the president. The judge said that blocking The A.P. from presidential events violated the First Amendment.
On June 6, a three-judge panel in the D.C. appeals court voted 2-1 to pause that ruling, with one judge writing that the White House “retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted.”
Tuesday’s order by the full court is a blow to The A.P., but not necessarily the end of the legal battle. The A.P. could appeal to the Supreme Court.
“We are disappointed by today’s procedural decision but remain focused on the strong district court opinion in support of free speech as we have our case heard,” Patrick Maks, an A.P. spokesman, said in a statement.
“As we’ve said throughout, the press and the public have a fundamental right to speak freely without government retaliation,” he added. “We look forward to continuing to produce strong, factual and nonpartisan coverage of the administration.”
The White House did not immediately respond to a request for comment.
Katie Robertson covers the media industry for The Times. Email: [email protected]
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