AP and Trump administration argue access case before federal appeals court; no ruling yet

WASHINGTON (AP) – The Associated Press and the Trump administration went before a federal appeals court again Monday in their dispute over media access, with the AP insisting that a news outlet should not be punished for its point of view and the White House insisting that the president should determine who can question him in the Oval Office.

AP sued three Trump administration officials, including White House press secretary Karoline Leavitt, in February after its reporters were barred from the “pool” of journalists who follow the president up close. The administration’s action was, it said, in response to an institutional decision by AP to continue using the term “Gulf of Mexico” as its default style after Trump renamed it the “Gulf of America.”

“The First Amendment does not stop at the Oval Office door,” Charles Tobin, the AP’s attorney, said during arguments. No decision was immediately issued by the panel.

The case has wound its way through federal district court and, more recently, federal appellate court throughout the year.

Julie Pace, AP’s executive editor, wrote in an op-ed piece Monday morning that the question of access is not just about AP; it’s about people’s access to the government that works for them.

“When we talk about press freedom, we are really talking about your freedom. Reporters ask questions, photographers take pictures, and video journalists record history on your behalf to ensure that you are informed about the things you don’t have the time to unearth, watch or learn about for yourself,” Pace wrote.

“Letting the government control which journalists can cover the highest office in the land and setting rules about what those journalists can say or write is a direct attempt to undercut the First Amendment,” Pace wrote. “It should worry all of us.”

The Trump administration says it is up to the White House, not the press, to decide access to areas where space is limited. The White House Correspondents’ Association had been deciding who is in the press pools since the Eisenhower administration. The White House reset that tradition in February, saying it wanted to broaden access to include other news outlets.

“If the AP means to suggest that the White House lacks authority to limit who may engage in news gathering activities from sensitive areas of the White House, it is legally mistaken,” the administration said in its supporting brief.

A lower court ruled this spring that the government couldn’t retaliate against a news organization for its speech, but the appeals court halted any response to the ruling until an appeal takes place.

AP style recommends also acknowledging Trump’s renaming of the Gulf. The president said that AP’s access would remain restricted until it changed its style.

Nearly four dozen press organizations, and news outlets from ProPublica to Fox News Channel, along with The New York Times and The Washington Post, filed a brief in support of the AP.

“When any news outlet is chilled … the press and the public as a whole lose out, no matter how many reporters or cameras remain in the room,” the outlets said.

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David Bauder covers media for The Associated Press.