Constitutional lawyer warns Trump lawsuit over press ban contains critical flaws
A constitutional attorney says the Trump administration's recent filing in its press-ban lawsuit has fatal legal errors that could doom the case.
In an overnight filing related to a lawsuit challenging a ban on certain press outlets, the Trump administration claimed that coverage of a planned underground bunker could jeopardize national security. Constitutional lawyer Seth Berenzweig said that the filing’s security rationale is flawed and that the case faces an uphill battle. He explained that the emergency injunction request hinges on the plaintiff’s likelihood of success, a high bar that the government may not meet.
Berenzweig believes the First Amendment argument will carry more weight than the due-process claim, which was also raised by former a reporter at one outlet. The case is being heard by U.S. District Judge Timothy Kelly, who is expected to issue a decision within days. Meanwhile, the White House has begun using a self-run “Trump TV” channel to disseminate information normally provided to the press pool.
Why it matters
The outcome will determine how far a president can restrict media access and invoke national-security claims.
How this story developed
- Sep 17 Judge blocks Trump administration from demolishing the Kennedy Center without advance notice
- Sep 19 Press‑freedom groups are preparing legal challenges to the announced ban.
- Sep 20 Kerry Kennedy praised Joyce Beatty as a national hero for defending the Kennedy Center’s historic name.
- Sep 22 The White House's 24-hour YouTube stream, launched after Trump barred several news outlets, attracted only a few thousand viewers and quickly fell to about 1,100.
- Sep 23 The White House added a helicopter pad and launched a 24‑hour YouTube livestream.
- Sep 23 A federal judge has scheduled a hearing on the outlets’ request for a temporary restraining order.
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