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.
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.