CNN, MS NOW and Politico Face Off With DOJ in Court Over White House Ban

US District Judge Timothy Kelly heard arguments Wednesday afternoon, September 23, 2026, in the First Amendment lawsuit CNN, MS NOW and Politico filed after Trump barred them from White House grounds. The Justice Department told the court that 'access to the White House is a privilege — not a right,' arguing Trump has authority to restrict which outlets can enter and citing national security concerns; the three outlets countered that the ban is 'a direct assault on the First Amendment' and asked the judge to immediately restore their access. More than 45 news organizations — including NBC News, the AP, CBS, Fox News, NPR and the New York Times — filed supporting briefs arguing the ban constitutes unconstitutional viewpoint discrimination. Judge Kelly, a 2017 Trump nominee who ordered the White House to restore CNN's Jim Acosta in a similar 2018 dispute, did not rule from the bench.