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Commentary: Score one for the AP -- and America's free press

Barbara McQuade, Bloomberg Opinion on

Published in Op Eds

One small step for the AP was a giant leap for the free press.

Last week, a federal court ruled in favor of the Associated Press, ordering the Trump administration to restore the organization’s access to the White House press pool. But the decision was an even more significant victory for American media.

In February, the Trump administration shut out AP reporters and photographers after the news service continued to use “Gulf of Mexico” rather than Trump’s preferred “Gulf of America” in its stylebook. The guide sets industry standards and is used by many media outlets.

The White House press pool allows a small, rotating group of media companies access to restricted spaces, such as the Oval Office and Air Force One. The AP has traditionally been included in the pool because of its status as an independent global network whose approximately 15,000 members depend on it for content. But it was ousted from its role in a fit of pique by Trump, and rather than capitulating, the wire service sued, alleging violations of its First Amendment rights.

In his opinion granting a preliminary injunction ordering the White House to restore access, Judge Trevor McFadden, a Trump appointee, found that the government singled out the media company solely for its refusal to change the Gulf’s name.

In fact, he wrote, the government offered no other reason. The court found that this constituted “prohibited viewpoint discrimination,” violating the First Amendment’s right to a free press, by permitting some media members access while barring the AP, based solely on its editorial choices. As McFadden wrote in his opinion, “(U)nder the First Amendment, if the Government opens its doors to some journalists — be it to the Oval Office, the East Room, or elsewhere — it cannot then shut those doors to other journalists because of their viewpoints. The Constitution requires no less.”

The court’s decision was to reinstate AP to the press pool, but it had larger implications for American society. Controlling the flow of information is a feature of authoritarian governments. In the U.S., we have long prided ourselves on a vigorous free press to serve as a government watchdog to expose misconduct and abuses of power.

The founders of our Constitution, McFadden wrote, called the free press “the scourge of tyrants, oppressors, villains, bloodsuckers; the bulwark of freedom, that causes the haughtiest lordling to tremble; an inestimable jewel, that places the poorest citizens on a level with the richest demagogue.” As a result, they saw the First Amendment as protection to “heap honest criticism upon the government without fear of reprisal.”

There’s nothing new about politicians feuding with the press, but few have attacked the media based on viewpoints as Trump has. Since his first term, Trump has favored some outlets over others. Since taking office this term, he has not only banished AP but also swapped out mainstream media outlets at the Pentagon for his favored right-wing substitutes. Gone are the New York Times, NBC News, National Public Radio and Politico. In are One America News Network, Breitbart News and the New York Post. HuffPost, a news outlet considered to have progressive leanings, was given space at the Pentagon but, at the time of the announcement, did not have a Defense Department correspondent.

A Pentagon spokesman said that the move was part of a new annual rotation system allowing more outlets the opportunity to use workspace inside the department. However, the change is likely to provide far more favorable, if not fawning, coverage of its work and the administration.

 

Trump’s attack on the media includes an executive order that eliminates the U.S. Agency for Global Media, which runs the Voice of America. VOA is an international media outlet that provides news and information to audiences worldwide in more than 40 languages. According to its website, “Since its creation in 1942, Voice of America has been committed to providing comprehensive coverage of the news and telling audiences the truth.” As a result of the EO, all contractors were terminated, and 1,300 staffers were put on administrative leave. A lawsuit challenging the move is pending.

Public broadcasting has also made it into the crosshairs of Trump allies. In March, the House DOGE subcommittee held a hearing on funding for PBS and NPR titled “Anti-American Airwaves: Holding the Heads of NPR and PBS Accountable.” During the hearing, the committee’s chair, Representative Marjorie Taylor Greene, vowed to defund and dismantle the Corporation for Public Broadcasting for its “fraud, waste and abuse” in the “LGBT indoctrination of our children” and its “systematic (sic) racism narrative.”

The message to media outlets is clear: Report the news in a way that is favorable to the MAGA agenda or risk retribution. For this reason, AP’s lawsuit did not simply restore its place in the White House press pool; it lifted the entire profession on its shoulders to deliver a message to Trump and the public about the importance of protecting editorial freedom in the US. And its court victory reinforced the strength of the free press in American society.

In some circles, it is popular to bash the media as a group of unelected elites accountable to no one, but our free press protects us from government abuse. Thomas Jefferson wrote of the critical importance of a free press in a democracy, noting, “Were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.”

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This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.

Barbara McQuade is a professor at the University of Michigan Law school, a former U.S. attorney and author of "Attack from Within: How Disinformation Is Sabotaging America."

_____


©2025 Bloomberg L.P. Visit bloomberg.com/opinion. Distributed by Tribune Content Agency, LLC.

 

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