# Judge Calls Trump's Press Ban Due Process Violation, Won't Order Reinstatement

- URL: https://twotakes.us/stories/judge-calls-trumps-press-ban-due-process-violation-wont-order-reinstatement
- Published: 2026-09-24T07:08:36.715174+00:00
- Topics: press-freedom, white-house, first-amendment, trump-administration, media

## What the left says
- The unprecedented unity among competing news organizations—including outlets not banned—suspending pool coverage in solidarity underscores how seriously the industry views this as an attack on press freedom generally, not just three outlets.
- A 1977 federal appeals court precedent already established that the White House cannot revoke credentials based on a journalist's viewpoint or coverage once it has opened its facilities to press, making the administration's legal position weak regardless of the judge's delay.
- The practical harm is immediate and tangible: the public lost independent audio and video coverage of the president, relying instead on government-provided footage, which undermines accountability journalism that serves Americans nationwide, not just in Washington.
- The Justice Department's claim that press access is merely a 'privilege' rather than a constitutional right is being used to sidestep due process protections that a Trump-appointed judge himself suggested were violated.

## What the right says
- The White House maintains its position that press credentials are a privilege, not a constitutional entitlement, and that national security concerns justified revoking access from outlets accused of publishing sensitive information.
- The administration argues these outlets can still report from outside the complex, meaning press freedom itself isn't being extinguished, only physical proximity to the president is being restricted.
- The fact that the judge declined to immediately grant a temporary restraining order, despite expectations that courts would swiftly rule against the administration, suggests the case is more legally complex than critics claimed.
- Trump's framing distinguishes between a broad 'assault on the Free Press,' which he says he would never support, and targeted action against specific outlets he characterizes as producing dishonest reporting.

## Common ground
- Judge Timothy Kelly, a Trump appointee, stated that due process 'wasn't followed' in how the credentials were revoked.
- CNN, MS NOW, and Politico were banned from White House grounds starting September 18, with credentials confiscated the following Saturday.
- Five major networks and other news organizations suspended pool coverage and photo distribution in solidarity with the banned outlets.
- The 1977 Sherrill v. Knight case establishing precedent on press credential revocation is a relevant legal benchmark both sides reference in arguing their case.

## Sources
- [Axios](https://www.axios.com/2026/09/23/white-house-press-ban-access) (Lean Left)
- [Axios](https://www.axios.com/2026/09/21/trump-white-house-pool-tv-ban-audio) (Lean Left)
- [Axios](https://www.axios.com/2026/09/18/trump-greenland-denmark-deal) (Lean Left)
- [Newsmax](https://www.newsmax.com/politics/judge-ruling-news-outlets/2026/09/23/id/1270451) (Right)
- [New York Post](https://nypost.com/2026/09/23/sports/don-cooper-beloved-world-series-winning-white-sox-coach-dead-at-70/) (Lean Right)
- [The Hill](https://thehill.com/regulation/court-battles/6107336-trump-admin-media-access-lawsuit/) (Center)
- [The Hill](https://thehill.com/homenews/administration/6105507-live-updates-trump-media-ban-unga-xi-visit/) (Center)
- [Townhall](https://townhall.com/news/mattvespa/2026/09/23/not-so-fast-my-friend-lib-hopes-of-trumps-wh-media-ban-getting-tossed-got-trashed-today-n2683489) (Right)
- [Washington Times](https://www.washingtontimes.com/news/2026/sep/23/judge-considering-emergency-order-end-trumps-ban-cnn-ms-politico/) (Right)

---
Content by TwoTakes (https://twotakes.us). You may quote, summarize and cite it, including in AI answers, as long as you credit TwoTakes and link the story URL. Original reporting belongs to the linked outlets. Summaries are AI-assisted and reviewed for balance; check the original sources for authoritative reporting.