Friday, April 11, 2025

Trump-appointed judge rules admin's blockade of Associated Press is unconstitutional, striking a blow for First Amendment and media access to news events


(RSF)
 
A Trump-appointed federal judge has ruled that the White House ban on the Associated Press (AP) is unconstitutional. The administration can appeal the ruling -- and that almost certainly will happen, given the administration can use your tax dollars and mine to pay for it. But the fact one of Donald Trump's own judges ruled against him -- and the U.S. Supreme Court might be reluctant to spend what's left of its political capital on a case that so clearly violates the First Amendment -- says a lot about the weakness of the Trump case.
 
An article jointly published at Fox News and Yahoo! News -- under the headline "Federal
discrimination'" -- gives the public insight on one of the most clear-cut First 
Amendment cases we are likely to see in our lifetimes. Lindsay Kornick writes:
The White House violated the Constitution for barring the Associated Press from Oval Office events, according to a federal judge’s ruling Tuesday. U.S. District Judge Trevor N. McFadden, a Trump appointee, said that the White House acted against the First Amendment, which prohibits discrimination based on viewpoints, by blocking the longtime wire service's access over its refusal to use the term "Gulf of America."

"The Government offers no other plausible explanation for its treatment of the AP. The Constitution forbids viewpoint discrimination, even in a nonpublic forum like the Oval Office," McFadden wrote. "Under the First Amendment, if the Government opens its doors to some journalists—be it to the Oval Office, the East Room, or elsewhere—it cannot then shut those doors to other journalists because of their viewpoints," he added. "The Constitution requires no less."
 
McFadden ruled the White House must restore AP’s press access but delayed
the order for one week to allow the White House a chance to appeal.

Throughout his first term as president -- and since he returned for a second term in January -- Trump has pulled plenty of stupid and incompetent stunts. But this is a truly embarrassing

episode, indicating Trump is clueless about the First Amendment, to the point that he should

be removed from office, likely via impeachment. Does gross ignorance count as a "high crime or misdemeanor"? We aren't sure about that, but it certainly means Trump has no business being in the White House -- and every American should be ashamed that we somehow allowed him to get back there. How silly is this "dispute"? The Fox/Yahoo! report serves as an explainer:

After President Donald Trump signed an executive order renaming the "Gulf of Mexico" to the "Gulf of America" on his first day in office, the AP issued style guidance for how the wire service would refer to the body of water. "The Gulf of Mexico has carried that name for more than 400 years. The Associated Press will refer to it by its original name while acknowledging the new name Trump has chosen. As a global news agency that disseminates news around the world, the AP must ensure that place names and geography are easily recognizable to all audiences," the guidelines state.

The White House blocked AP from the Oval Office and Air Force One in February over its refusal to use the term "Gulf of America." Does Trump have the lawful authority to change the name of an international body of water, especially one not within the boundaries of the United States. Scripps News has produced the best article I've foundon the subject, and it states as follows:

[Trump is] not the first one to bring up this idea. In 2012, a member of the Mississippi Legislature proposed a bill to rename portions of the gulf that touch that state's beaches “Gulf of America,” a move the bill author later referred to as a “joke.” That bill, which was referred to a committee, did not pass.Changing the name would not be a unilateral decision, and other countries don't have to go along.

The International Hydrographic Organization — of which both the United States and Mexico are members — works to ensure all the world’s seas, oceans and navigable waters are surveyed and charted uniformly, and also names some of them. There are instances where countries refer to the same body of water or landmarks by different names in their own documentation.

 In others words, Trump has no authority to rename the Gulf of Mexico, and he cannot make anyone go along with what he claims to do. The Gulf of Mexico, of course, is the Gulf of Mexico -- and it has been since the days of Christopher Columbus. It is the 'Gulf of America" primarily in the fertile imagination of a president whose ego greatly exceeds his intellect.

It is unclear how many of Trump's MAGA supporters consider it the "Gulf of America"

-- but if you are ignorant enough to vote for Trump, you lose your right to have anyone

care, or respect, what you believe. Trump is not the only dim bulb in the administration. Fox/Yahoo let us know of others:

White House deputy chief of staff Taylor Budowich wrote on X at the time, "The Associated Press continues to ignore the lawful geographic name change of the Gulf of America. This decision is not just divisive, but it also exposes the Associated Press' commitment to misinformation. While their right to irresponsible and dishonest reporting is protected by the First Amendment, it does not ensure their privilege of unfettered access to limited spaces, like the Oval Office and Air Force One."

Days before, White House press secretary Karoline Leavitt had said that "it is a fact that the body of water off the coast of Louisiana is called the Gulf of America, and I’m not sure why news outlets don’t want to call it that."

In a statement Tuesday, AP spokeswoman Lauren Easton expressed gratitude for the decision. AP handled the whole charade with an abundance of class, and it makes me proud to be a journalist.



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