Associated Press

04/09/2025

Trump has moved aggressively against the media on several fronts since taking office again. The Federal Communications Commission has open lawsuits against ABC, CBS and NBC News. The administration has sought to cut off funding for government-run news services like Voice of America and is threatening public funding for public broadcasters PBS and NPR for allegedly being too liberal in news coverage.

The AP had asked McFadden to rule that Trump’s officials violated AP’s constitutional right to free speech by taking the action because the president and his staff disagreed with the words that its journalists use. He had earlier declined AP’s request to reverse the changes through an injunction.

Because of its wide reach, the AP has traditionally always been included in “pools” for coverage of presidential events in places like the Oval Office and Air Force One. McFadden cautioned that his ruling does not necessarily herald a return to those days.

“The Court does not order the government to grant the AP permanent access to the Oval Office, the East Room or any other media event,” he wrote. “It does not bestow special treatment upon the AP. Indeed, the AP is not necessarily entitled to the ‘first in line every time’ permanent press pool access it enjoyed under the (White House Correspondents Association). But it cannot be treated worse than its peer wire service either.

The judge said that his decision does not prohibit a government official from choosing which outlets to give interviews to, or choosing which journalists’ questions they choose to answer at a news conference.

“This is an important decision,” said Katie Fallow, deputy litigation director at the Knight First Amendment Institute at Columbia University. “The First Amendment means the White House can’t ban news outlets from covering the president simply because they don’t parrot his preferred language. “

And Floyd Abrams, a longtime free-speech attorney, cited American history in his reaction: “What a splendid and well—deserved First Amendment triumph. Thomas Jefferson and James Madison would be pleased and relieved.”