What happens when the White House bans reporters?

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Who decides which journalists can report from the White House and why does it matter?

Dana Taylor 0:04
Who gets to decide which journalists can question the president and report from the White House? And what happens if that access can be taken away? That fight has now become a major legal battle with implications that could extend well beyond the White House. This is USA Today's The Excerpt. I'm Dana Taylor. Joining me to share her insights is USA Today First Amendment reporting fellow, Brianna Frank. So good to speak with you again, Brianna. Thanks for having me, Dana. If someone doesn't watch CNN or trusts the national media, why should they care about these reporters being banned from the White House?
Brianna Frank 0:39
According to the news outlets at the center of this ban, as well as advocacy groups, including the National Press Club, the Freedom of the Press Foundation, they've said that this is about much more than the reporters who have now been banned from the White House. This is a broader First Amendment issue that follows countless other conflicts the Trump administration has had with the news media. Media over the years. And they've also said this has broader implications for the American public.

How does banning specific reporters change the information the public receives?

Brianna Frank 1:10
If at the end of the day, these news outlets are granted access to these spaces to gather information and report it to the public. Having a smaller number of outlets who are given that access thus has an impact on what information ends up going out to the public. So they have certainly referred to this as an alarming escalation of President Trump's conflict with the news media that they say at the end of the day has negative implications for the public at large. Then for
Dana Taylor 1:44
people who think yeah, they can still report from across the street. What's the practical difference? What access was lost and what can reporters no longer see or verify independently?
Brianna Frank 1:56
Each of these outlets has pledged to continue reporting on the White House despite this ban. Reporters from each of these outlets were denied entry to the complex. But in speaking with experts about this, they said there is no getting around the fact that not having access to a certain space makes it harder to report on what's going on inside. So while these outlets may have of sourcing that will help them get that information, there is still a difference in what they would be able to report on if they were inside the doors seeing these things happen as they unfold.
Dana Taylor 2:34
At the heart of this is the claim that the government is punishing outlets for their coverage.

What legal arguments are the news outlets using to challenge the ban?

Dana Taylor 2:40
What would these outlets have to prove in court and how important could Trump's own public statements be to that argument?
Brianna Frank 2:47
What these news outlets are arguing is that the forums that they have been kicked out of are nonpublic forums. And in those types of forums, the government can impose restrictions on speech, but they have to be viewpoint neutral. And they also have to be reasonable in light of the larger concern that the administration is. targeting. So in their complaints they acknowledge that the president Referred to them as quote fake news and explicitly said that he was displeased with their coverage. So they are pointing to that as proof of what they say indicates that this is not a viewpoint neutral decision and would therefore be unconstitutional. Though again, a court would have to agree with them in their arguments that these forums.
Brianna Frank 3:42
programs that they've been banned from have those requirements.
Dana Taylor 3:47
Then beyond the First Amendment issues, these media outlets argue they were stripped of access without notice or process. Why does that matter legally?
Brianna Frank 3:56
One of the legal cases that their complaint is pointing to is from the 1970s, in which a reporter's White House press pass was similarly revoked.

Why is due‑process important for revoking White House press passes?

Brianna Frank 4:08
And in that case, a court said that the White House can't arbitrarily deny these press passes. And the court said that under the Fifth Amendment, there Is a due process that would have to happen for a press pass to be revoked like this. These news outlets are arguing that there was no due process, there was no suggestion beforehand or any type of written instruction that this would be the case.

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