The Associated Press has recently filed a request with the full U.S. Court of Appeals in Washington, D.C., for a hearing aimed at overturning a previous decision allowing the Trump administration to restrict AP journalists’ access to certain presidential events. This legal battle has sparked ongoing debate over what the First Amendment permits in terms of journalistic access to government activities. A decision made by a three-judge panel last Friday, which resulted in a 2-1 vote, sided with President Donald Trump, granting him the right to exclude AP reporters from the Oval Office and other intimate gatherings. This move was reportedly in response to the news organization’s refusal to comply with Trump’s push to rename the Gulf of Mexico.
Previously, the administration had sought to delay the effects of a ruling from a lower court in April, which had favored the AP by stating that the government was wrong to penalize the news outlet for its editorial choices. In response to the appellate panel’s decision, AP spokesperson Patrick Maks stressed the importance of seeking a rehearing by the entire appellate court, citing a violation of First Amendment rights. “The decision of the appellate panel to pause the district court’s order allows the White House to discriminate and retaliate over words it does not like,” Maks said, underlining the significance of this issue.
A hearing before the full court could potentially alter the legal outcome. It’s worth noting that the judges who supported Trump’s stance were appointed during his presidency. In contrast, the entire court comprises a broader range of appointments, with nine judges selected by Democratic presidents and six by Republicans.
The controversy began earlier this year when the AP’s access to events such as those within the Oval Office and on Air Force One was restricted after the organization stated it would continue to use the term “Gulf of Mexico” in its reporting, despite Trump’s preference for the name “Gulf of America.” Traditionally, AP reporters and photographers have been part of an exclusive press pool covering the president in limited-space scenarios for decades. While an AP photographer still maintains access, text reporters have seen their participation significantly reduced.