WASHINGTON—The Knight First Amendment Institute at Columbia University today filed an amicus brief in a case brought by the Associated Press (AP) challenging the Trump administration’s decision to exclude its reporters from White House press pool briefings. The Institute argues that the ban is an unconstitutional viewpoint-based restriction on speech, and that the press pool is a protected First Amendment public forum that serves an essential and unique role in our democracy.

“The White House press pool is an institution that has long benefited presidents and press alike. By providing journalists direct access to observe and question the president, the press pool enables independent reporting that facilitates free discussion of governmental affairs,” said Katie Fallow, deputy litigation director at the Knight Institute. “This case is not just about the AP’s First Amendment rights. It’s also about the ability of the American public to receive information about the president, free from government censorship.”

Today’s brief argues that by having created the press pool to enable access to the president in limited-space contexts ranging from the Oval Office to foreign travel, the White House has established a forum from which it may not constitutionally exclude a news organization on the basis of viewpoint–which is what the White House is doing by its own admission. It urges the court to reinstate the AP to the press pool as soon as possible.

In March, the Institute filed an amicus brief in the case urging the trial court to find that the press pool is a public forum. The Institute filed a second brief in the trial court on behalf of 12 prominent constitutional scholars, explaining how the history of the nation’s founding era supports the principle that the First Amendment prohibits the government from discriminating against press coverage based on viewpoint. 

“Banning the AP from the press pool is part of the Trump administration’s lawless attack on press freedom and the First Amendment,” said Jake Karr, staff attorney at the Knight Institute. “The court should reinstate the AP and categorically reject the administration’s unconstitutional effort to control the news and the American public’s understanding of this president and his policies.”

Read today’s amicus brief here.

Read more about the case here.

Lawyers on the case include Katie Fallow, Jameel Jaffer, Alex Abdo, Jake Karr, and legal fellow Kiran Wattamwar for the Knight First Amendment Institute.