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Press Freedom

Public disputes concerning journalists' and news organizations' access to officials, government spaces and information, including credentials, press pools and official responses to coverage.

Published coverage on this page: 1 case · 1 statement. Statements are ordered newest first.

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Eugene Volokh

Role at the time: Thomas M. Siebel Senior Fellow at the Hoover Institution and professor emeritus at UCLA School of Law, in a signed post on the Volokh Conspiracy blog at Reason

Mixed or conditional

Statement summary

In a signed post on the Volokh Conspiracy blog at Reason, law professor Eugene Volokh wrote that, according to the D.C. Circuit, the government may not exclude press outlets based on viewpoint from spaces broadly opened to the press, such as the main White House press briefing room, but may do so from spaces such as Oval Office interviews. He wrote that an exclusion resting on an objective viewpoint-neutral judgment “might be permissible,” while one based in part on disapproval of the three outlets’ perspectives or editorial judgments would likely be seen as viewpoint discrimination.

Quotation excerpt

But if the exclusion is based in part on disapproval of CNN's, MS NOW's, and Politico's perspectives or editorial judgments as being unfair or unsound, that would likely be seen as viewpoint-discrimination—which, again, is unconstitutional…
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But if the exclusion is based in part on disapproval of CNN's, MS NOW's, and Politico's perspectives or editorial judgments as being unfair or unsound, that would likely be seen as viewpoint-discrimination—which, again, is unconstitutional as to the main press briefing room but constitutional as to the Oval Office.
Open source (opens in a new tab)Can President Trump Ban CNN, MS NOW, and Politico from White House? · Reason MagazineFinal paragraph, second sentence (begins 'But if the exclusion is based in part on disapproval'); the preceding sentence in the same paragraph gives the 'might be permissible' alternative.

What this label refers to

The case’s fixed reference point is President Trump’s announcement, by Truth Social post at 3:04 PM EDT on Sept. 18, 2026 and reaffirmed in the Oval Office that afternoon, that CNN, MS NOW and Politico are banned from the White House because of their coverage. Volokh’s words neither approve nor reject the announced exclusion: he writes that its constitutionality depends on the space (unconstitutional as to the main press briefing room, constitutional as to the Oval Office) and on whether it rests on a viewpoint-neutral judgment, which “might be permissible,” or on disapproval of the outlets’ perspectives, and he does not say which basis applies here. The closest competing label is condemns, because he says an exclusion based in part on such disapproval would likely be seen as viewpoint discrimination. That loses because the same sentence calls such an exclusion constitutional as to the Oval Office, so his conclusion turns on an express condition rather than rejecting the act.

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