Sorry, AP: Appeals Court Rules Trump Admin Can Restrict Outlet's Access

It certainly was a good weekend for the Trump administration when it comes to judicial decisions. On Friday, the U.S. Court of Appeals for the DC Circuit handed down a 2-1 decision that upheld the administration's ban of the Associated Press in certain key spaces, though the outlet has to be allowed back in larger ones. Becca Lower at our sister site of RedState put out good write-up, which includes a recap of the process thus far.

As we covered at the time in February, the Trump administration announced it was restricting access for the AP, and opening their spot up to other outlets, as the outlet would not use the proper terminology when it comes to the "Gulf of America." This was a particularly hypocritical move, given how the AP has willingly changed phrases before, especially on leftist and woke matters. 

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…

— Taylor Budowich (@Taylor47) February 14, 2025

The outlet sued not long after, and although a judge initially found against them, the AP also achieved a victory through appeals. That's changed with Friday's decision, though, with the partial win for the Trump administration.

As POLITICO covered on Friday:

A federal appeals court panel on Friday reinstated parts of President Donald Trump’s ban of the Associated Press from several key areas where presidential press events are typically held, including the Oval Office, Air Force One and the president’s home in Mar-A-Lago.

The court left in place part of a lower-court order that required Trump to give AP access to events held in larger spaces, like the East Room.

...

D.C. Circuit Court of Appeals Judges Neomi Rao and Gregory Katsas, both Trump appointees, largely granted the government’s request to lift an April ruling from a district judge who blocked the ban. The decision from Rao and Katsas allows most of the ban to go back into effect while litigation over its constitutionality continues.

...

In a 27-page opinion, Rao wrote that “these restricted presidential spaces are not First Amendment fora opened for private speech and discussion. The White House therefore retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted.”

Katsas signed onto Rao’s opinion.

The April injunction from district judge Trevor McFadden, another Trump appointee, “impinges on the President’s independence and control over his private workspaces,” Rao added.

...

The Trump administration has argued that Air Force One, the Oval Office and other spaces in the White House are akin to personal and private spaces where public access can be restricted.

White House Deputy Chief of Staff Taylor Budowich, who first posted about the White House's decision for the AP's access in February also posted to X about Friday's decision with a quoted repost of POLITICO's coverage.

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As he did in February, Budowich pointed to the First Amendment protecting the outlet when it comes to "irresponsible and dishonest reporting," but also noted it doesn't give it "unfettered access." Budowich referred to the ruling as "a great victory for democracy!"

While the Associated Press’ right to irresponsible and dishonest reporting is protected by the First Amendment, it does not guarantee a right to unfettered access to limited spaces, like the Oval Office and Air Force One.

This ruling with a great victory for democracy! https://t.co/HAJcdK9A9F

— Taylor Budowich (@TayFromCA) June 6, 2025

The AP itself covered the decision on Friday night, and focused with a narrative about free-speech rights:

Digging deep into free-speech precedents in recent American history, a federal appeals panel handed The Associated Press an incremental loss on Friday in its continuing battle with the Trump administration over access by its journalists to cover presidential events.

...

For decades, a reporter and photographer for the AP — a 179-year-old wire service whose material is sent to thousands of news outlets across the world and carried on its own website, reaching billions of people — had been part of a “pool” that covers a president in places where space is limited.

The decision itself was aimed only at whether to continue the stay. But the majority and dissenting opinions together totaled 55 pages and delved deeply into First Amendment precedents and questions about whether places like the Oval Office and Air Force One were, in effect, private spaces.