Court Rules White House Can Play Favorites

Diya Ravi

June 6, 2025

A federal appeals court has ruled that the White House can exclude the Associated Press (AP) from access to restricted spaces such as the Oval Office, Mar-a-Lago, and Air Force One if it chooses, marking a significant development in an ongoing legal battle over press access. The decision, issued Friday by a divided 2-1 panel, overturns a lower court ruling that had blocked the Trump administration from barring the AP.

The court found that certain White House spaces are not considered public forums and that the administration retains discretion over which journalists are granted entry. This ruling deals a blow to the AP’s efforts to uphold long-standing norms of press access and the free flow of information from the presidency.

President Donald Trump celebrated the decision on Truth Social, calling it a “big WIN over AP today.” His press secretary, Karoline Leavitt, echoed the sentiment on X, stating, “As we’ve said all along, the Associated Press is not guaranteed special access” to areas like the Oval Office.

An AP spokesperson expressed disappointment, saying the news organization is “reviewing our options.” The AP has argued that punitive restrictions on White House correspondents violate the First Amendment.

The legal dispute stems from a February clash over the AP’s refusal to adopt Trump’s renaming of the Gulf of Mexico to the “Gulf of America.” While U.S. government agencies implemented the change, the AP—which serves a global audience—continued using the traditional name while acknowledging Trump’s executive order. The White House condemned the decision as “divisive” and “dishonest,” subsequently banning AP reporters from certain events, sparking a legal fight.

The conflict escalated when the Trump administration took control of the White House press “pool” system—previously managed by the independent White House Correspondents’ Association—and reduced the AP’s access while favoring conservative and pro-Trump outlets. After a judge initially sided with the AP in April, the administration removed the traditional wire service slot from the pool rotation, a move seen as circumventing legal challenges while still marginalizing the AP.

The appeals court’s majority opinion, written by DC Circuit Judge Neomi Rao, stated that restricted presidential spaces “are not First Amendment fora opened for private speech and discussion.” The ruling did not extend to larger White House areas like the East Room, where press conferences are held.

The decision could lead to further appeals and set a precedent for how future administrations manage press access. While the AP retains some opportunities to question the president, its access is now subject to White House discretion.

Trump framed the case as a matter of enforcing his authority, posting that the AP “refused to state the facts or the Truth on the GULF OF AMERICA.” Meanwhile, the AP maintains its editorial independence, adhering to its stylebook regardless of access restrictions.

The ruling underscores the tension between presidential control over press access and media organizations’ fight for transparency, with potential long-term implications for White House reporting.