Could a new precedent on viewpoint neutrality ultimately dismantle the power to ban reporters from government spaces?

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Probably not entirely, but it could sharply narrow that power and make viewpoint-based bans much harder to sustain. The key legal point is that even in a nonpublic forum — such as restricted government property — officials generally may impose only rules that are reasonable and viewpoint neutral. The D.C. Circuit’s latest Capitol East Steps ruling reaffirmed that principle. That matters because any appeal in the White House press-access case would go to the same court, and the banned outlets say the White House acted openly because it disliked their reporting. That does not create a new right for all reporters, or the public at large, to enter any government space. Courts have long held there is no unlimited First Amendment right of access to government property. The White House can still regulate entry for security, space, operational needs, and credentialing standards. But once the government opens a press-access system, it faces stronger constitutional limits on excluding specific journalists or outlets for disfavored viewpoints. Recent cases point in that direction. The Acosta dispute established due-process limits on revoking White House credentials. The Tenth Circuit’s Utah Political Watch ruling revived a journalist’s viewpoint-discrimination claim over legislative credentials, reinforcing that government-run media access programs cannot be administered selectively or through subjective standards. So the likely effect is not to dismantle all power to ban reporters, bu…

D.C. Circuit Labels Capitol East Steps Nonpublic Forum as Trump Faces Press-Ban Hearing in 1 Day

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D.C. Circuit Labels Capitol East Steps Nonpublic Forum as Trump Faces Press-Ban Hearing in 1 Day

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