In a court filing opposing a temporary restraining order, the Trump administration defends its decision to bar CNN, MSNBC, and Politico from White House grounds. The filing acknowledges the D.C. Circuit's 1977 decision in Sherrill v. Knight, which held that press access cannot be denied arbitrarily or for less than compelling reasons, but argues that case was wrongly decided and should be overruled. Access to the White House, the administration contends, is a privilege rather than a right.
The filing also argues that even under Sherrill, the exclusions are lawful because the president has compelling interests in enforcing minimum standards for bona fide journalists and safeguarding classified information. It says the White House may require reporters to identify sources, commit to factual accuracy, and give the administration an opportunity to comment, and that publishing classified material violates basic journalistic decorum.
To support its view, the administration cites the D.C. Circuit's 2025 decision in AP v. Budowich, where the court said the president may consider journalists' viewpoints when deciding whom to speak with because access is tightly controlled and highly selective. The filing argues the same logic should apply to the broader White House complex, despite Budowich reaffirming that the Brady Briefing Room cannot exclude journalists based on viewpoint when opened to the press generally.
The administration also rejects claims of retaliation, saying it would have taken the same action regardless of the outlets' criticism and that other news organizations that have equally criticized the president have not been barred. The filing does not dispute that the plaintiffs are seeking to regain access to the main press briefing room, but argues the White House is not obligated to answer reporters' questions at all.