A prominent civil liberties organization celebrated the courtroom win handed to The Associated Press on Tuesday in a legal ruling that made near-identical points as the group did over two months ago.
The victory lap came after U.S. District Judge Trevor McFadden scorched the Trump White House’s expulsion of the Associated Press from the Oval Office and Air Force One as “brazen” and likely unconstitutional.
“Who told you so? We told you,” First Amendment and defamation lawyer Ari Cohn wrote on X. “When did we tell you so? Right at the outset.”
Cohen was referring to an article published Feb. 14 by Aaron Terr, director of public advocacy for The Foundation for Individual Rights and Expression. It came just two days after the White House barred an AP reporter from an event and mirrors legal arguments made Tuesday by McFadden that were critical of the Trump administration.
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The judge made clear in his 41-page opinion that his injunction “does not mandate that all eligible journalists, or indeed any journalists at all be given access to the President or nonpublic government spaces." He concluded Tuesday that under the First Amendment, “if the Government opens its doors to some journalists” – whether it’s the Oval Office or the East Room – it can’t then “shut those doors to the other journalists because of their viewpoint.”
Similarly, Terr wrote in February: “That doesn’t mean the White House has to allow every reporter in the world into the Oval Office or briefing room."
But, he added, “the reason for denying access matters. When the government shuts out journalists explicitly because it dislikes their reporting or political views, that violates the First Amendment.”
“It's just like my @thefireorg colleague @aaronterr1said,” attorney Will Creeley, who serves as the organization’s legal director, wrote on X above side-by-side screenshots of the ruling and Terr’s article.
Who told you so? We told you. When did we tell you so? Right at the outset. https://t.co/hlxnkOzqE6
— Ari Cohn (@AriCohn) April 8, 2025