President Donald Trump’s recent decision to bar three media outlets -CNN, MS NOW and Politico- from the White House intensified tensions between the administration and the media while sparking debate over the First Amendment. 

What’s Happening

On Friday, Sept. 18, at 2:04 p.m., Trump announced on Truth Social that the aforementioned media outlets were to be banned, effective immediately, from the White House “as a result of their constant ‘reporting’ FAKE NEWS!” 

The media ban raised questions about whether the administration’s actions are constitutional and what protections journalists have under the First Amendment.

In a White House press release Monday, Sept. 21, the Trump administration said, “White House Access Is a Privilege — Not a Right.”

“The First Amendment does not give journalists unlimited access to the White House,” said Lillie Fears, the chair of the School of Media and Journalism at Arkansas State University. “They can have rules about how you come into the White House. You just can’t walk in there for security reasons, logistical reasons; they can put some restrictions on it, but they can’t just single out some news organizations and say ‘you can’t come because I don’t like what you wrote,’ and then let other people come.”

CNN, Politico and MS NOW sued Trump over the removed access, citing their Fifth Amendment rights to due process. 

This wouldn’t be the first time a media organization sued Trump as in Feb, Trump attempted to block journalists from the Associated Press from presidential situations. 

“What the administration is doing is definitely a violation of civil rights,” said Angelo Brown, assistant professor of criminology at A-State. “First Amendment, definitely, freedom of press, freedom of speech. But I think, specifically, the issue here is due process of your civil liberties.” 

Other major media outlets, including ABC, NBC, CBS and Fox News, ceased White House coverage out of solidarity 

“The rights of one could translate to the rights of another,” said Hatton Weeks, vice president and general manager at KAIT-TV. “If they banned CNN one week, why not Fox News the next week? Beyond that, it’s bigger than all of us. Our First Amendment rights to make sure that we’re there and holding our government accountable. It’s the very foundation of this society that we live in.”

Countries such as China, Iran and North Korea have highly restricted press environments, with governments exercising significant control over news and information, unlike the press protections guaranteed by the First Amendment in the United States.

Andrew DeMillo, editor-in-chief of the Arkansas Advocate, said restricting negative coverage could affect how the United States is viewed internationally. 

“I think if you ban news that’s negative, you don’t believe in the spirit of a free press. I think it sends a really, really bad signal to other countries too. The U.S. has a history of standing up for a free press,” DeMillo said. “And so to go against that and to kind of adopt a practice that you would see in countries that aren’t democratic nations, I think just sends a really poor signal.”

In the early hours of Thursday, Sept. 24, U.S. District Judge Timothy Kelly, whom Trump appointed, ordered the White House to “immediately return, reinstate and restore” outlets’ access. 

Kelly said the outlets met the legal thresholds for a temporary restraining order lasting 14 days after finding they were likely to succeed on their Fifth Amendment due process claim. 

As of publication, the legal situation in D.C. is still ongoing.

The Journalistic Impact

Former White House Press Secretary and current Arkansas Gov. Sarah Huckabee Sanders was in the Oval Office for a separate reason Friday when she was asked her thoughts on Trump’s ban. 

“I think it’s hard for you to argue against a free press when you’re literally standing in the Oval Office asking questions of the President of the United States,” Sanders said. “I think the President is right to support the First Amendment, but he’s also right to ask that you be honest and fair. That’s not an unreasonable thing.”

Carter Gore, a sophomore political science major from Marion, Arkansas and the Student Government Association’s secretary, said Sanders defending the decision was ridiculous and if a problem arises, they’d step up and make their voices heard. 

“I did see where she was behind him, standing and talking about that’s actually free speech that they get to be in the Oval Office. But if you’re keeping people out, that’s not free speech. And just because you don’t like what they say, that’s awful,” Gore said. “We’re going to make sure and stand on free speech and make sure everyone’s going to be heard in a positive manner.”

The Arkansas Freedom of Information Act (FOIA) is another avenue journalists have for accessing government information. It provides public access to government records and meetings, with some exceptions. The law also includes provisions for notifying news media about certain public meetings.

“We have one of the best freedom of information laws in the country of any state; our FOIA is very transparent,” Weeks said. “Things are out in the open, information’s out in the open, and is easily accessible. It’s not like that in every state. And we as citizens need to make sure that we protect our Freedom of Information Act here in Arkansas.” 

Arkansas journalists said the situation highlights the role journalists play in keeping the public informed and holding the government accountable.

“I think the public understands the value of the First Amendment and understands the value of open government,” DeMillo said. “They may not like the press as a whole or the media as a whole, but I think part of the issue for us is communicating that these issues are not about whether or not a reporter can get into a building.” 

Weeks said journalists have a responsibility to inform the public without directing how the public should interpret an issue.

“One of my professors was Dr. Joel Gambill and he said, ‘As we do our jobs, unfortunately, because of the reach we have, we do a lot of times, tell people what to think about. We set the agenda. However, we should never tell people what to think,’” Weeks said. “Unfortunately, we do drive the conversation, but we should never tell people how to think about an issue and when we do, we’ve crossed the line.”

Categories: News