Story · February 24, 2025

Judge leaves AP ban in place for now, but says the White House may have crossed a constitutional line

Press retaliation Confidence 5/5
★★★★☆Fuckup rating 4/5
Serious fuckup Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: Correction: A Feb. 24 hearing did not restore AP’s White House access; the judge declined immediate relief and later signaled constitutional concerns, leaving the dispute unresolved at that stage.

The White House got what it wanted in court on February 24, 2025: no immediate order forcing the government to restore The Associated Press’s access to presidential events. But the hearing did not amount to a clean legal endorsement of the ban. Judge Trevor McFadden declined to issue emergency relief, while also indicating the administration could have a serious First Amendment problem if AP was being punished for its choice of words.

At issue is the administration’s move to bar AP from some presidential coverage after the newsroom continued using “Gulf of Mexico” in its style guidance instead of the president’s preferred “Gulf of America.” AP has argued the restriction is retaliation for protected speech. The White House, for its part, has framed the dispute as a matter of access rules and editorial accountability, not censorship.

McFadden’s ruling left the restriction in place for the moment, but he also said the government’s decision looked like viewpoint discrimination. That distinction matters. Denying emergency relief is a procedural call. Saying a policy may punish a news organization for its speech goes to the legality of the policy itself.

The White House responded the same day with a statement declaring that asking the president questions in the Oval Office and aboard Air Force One is “a privilege granted to journalists, not a legal right.” The statement said the administration stood by its decision to hold AP accountable for what it called lies, and said President Trump would continue to grant an unprecedented level of press access.

For now, AP remains shut out of some presidential events. The broader question is still unresolved: whether the government can limit access because a newsroom refuses to adopt the president’s preferred terminology.

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