“This seems pretty clearly viewpoint discrimination,” McFadden said during an earlier hearing, foreshadowing his final ruling.
Judge McFadden Rules: No Retaliation for Protected Speech
In his April 8 memorandum order, Judge McFadden wrote that the government’s actions likely constituted “unlawful retaliation for exercising its speech rights.”
He affirmed that while media outlets do not have a constitutional right to unrestricted access to the White House, they do have the right not to be punished for their viewpoints.
“Access restrictions must be reasonable and not viewpoint based,” McFadden stated. “The AP says that is exactly what is happening.”
Limits of the Injunction
The judge clarified that his order does not force the administration to allow access to all journalists or prohibit officials from choosing who they interview.
Instead, it bars exclusion based on political or editorial content.
“This injunction does not prohibit the government from freely choosing which journalists to sit down with,” McFadden explained. “It merely prevents exclusion based on viewpoint.”
