Overview
- In a 2-1 decision the D.C. Circuit granted a stay of Judge Trevor McFadden’s April ruling and allowed the administration to exclude AP journalists from the Oval Office, Air Force One and other limited areas.
- Judges Neomi Rao and Gregory Katsas held that spaces such as the Oval Office and Air Force One are not traditional public forums and therefore fall outside First Amendment safeguards.
- The court did not pause McFadden’s directive restoring the AP’s access to larger venues like the East Room.
- The AP sued in February after the White House removed its permanent press pool slot when the agency refused to rename the Gulf of Mexico as the Gulf of America.
- AP officials said they will press on with their lawsuit and that the ultimate decision could set significant precedent on presidential control over press access.