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Associated Press v. Budowich

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2025 pending federal court case regarding the White House's ban on Associated Press reporters

Associated Press v. Taylor Budowich
Seal of the United States Court of Appeals for the District of Columbia Circuit
CourtUnited States Court of Appeals for the District of Columbia Circuit
Full case name Associated Press v. Taylor Budowich, in his official capacity as White House Deputy Chief of Staff; Karoline C. Leavitt, in her official capacity as White House Press Secretary; and Susan Wiles, in her official capacity as White House Chief of Staff
StartedFebruary 21, 2025; 3 months ago (2025-02-21)
Docket nos.25-5109
DefendantsTaylor Budowich,Karoline Leavitt,Susie Wiles
PlaintiffAssociated Press
Case history
Prior actions
  • Associated Press v. Budowich,1:25-cv-00532 (D.D.C.), injunction and stay
Appealed fromUnited States District Court for the District of Columbia
Court membership
Judges sittingCornelia Pillard,Gregory G. Katsas,Neomi Rao
Keywords

Associated Press v. Taylor Budowich is a pending court case before a three-judge panel of theUnited States Court of Appeals for the District of Columbia Circuit concerning the decision by PresidentDonald Trump'sWhite House staff to bar theAssociated Press (AP) from certain press events until the AP agrees to refer to theGulf of Mexico as the "Gulf of America".

Background

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Associated Press

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The AP counts many of the largest newspapers and broadcasters in the United States as members, and many more subscribe to the AP'swire reports. TheAP Stylebook has been the American journalism industry's authoritativestyle guide for English grammar and terminology since the 1950s.[1][2][3] Conservative allies of President Trump have criticized theStylebook of bias for recent changes emphasizinginclusive language.[4]

White House press corps

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TheWhite House press corps attends news briefings and other events at the White House to provide public visibility into executive branch activities. As part of its reporting on government affairs, the AP has participated in the press corps since its creation.[3] In 1977, theU.S. Court of Appeals for the District of Columbia Circuit ruled inSherrill v. Knight that the White House had a limited right to deny a press pass based on "an explicit and meaningful standard", provided that they "afford procedural protections".[5] In 2018, during thefirst Trump administration, the White House revokedCNN reporterJim Acosta's press pass, but a judge ordered him reinstated onFifth AmendmentDue Process grounds.[4]

Gulf of America

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On January 20, 2025, President Trump signedExecutive Order 14172, directing the federal government to redesignate the Gulf of Mexico as the "Gulf of America", a name that had not previously referred to the gulf, andDenali as "Mount McKinley". Private entities are not legally required to follow the federal government's use of these names.[6] Three days later, the AP announced that their wire reports would continue to refer to Gulf of Mexico by its traditional name while acknowledging theTrump administration's choice to use "Gulf of America". Similarly, theAP Stylebook guidance is to refer to the original name and acknowledge the name Trump chose.[7] The AP's rationale is that the wire reports are used by customers around the world who would be unable to intuit "Gulf of America" without further explanation. In a concession to the Trump administration, the AP simultaneously adopted "Mount McKinley" on the basis that the mountain's name is a domestic matter over which the federal government has clear authority.[1][8]

Removal from press pool

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On February 11, 2025, theWhite House Office indefinitely barred AP reporters from attendingpress pool events, such as press briefings in theOval Office or aboardAir Force One. AP reporters would retain theirpress passes, and AP photographers would continue to have full access. Deputy Chief of StaffTaylor Budowich characterized the agency's continued references to the Gulf of Mexico asmisinformation and announced that reporters from a different agency would take the AP's place.[9][10][11] At a news conference, President Trump stated that the ban would stay in place until the AP agrees to use "Gulf of America" as the gulf's name.[12] In a legal filing, the White House later confirmed that President Trump personally made the decision to revoke the AP's access.[13]

AP executive editorJulie Pace condemned the ban as a violation offreedom of the press.[14] TheWhite House Correspondents' Association (WHCA) andReporters Committee for Freedom of the Press petitioned the White House to reinstate the AP. More than 50 news organizations signed one or both petitions,[15] including conservative-leaning outletsFox News,Newsmax, andThe Wall Street Journal.[16][17]Reuters,[18][14] Newsmax,[16] theFoundation for Individual Rights and Expression,[1] and theNational Press Club[16] also issued separate statements in support of the AP, criticizing the ban.

On February 25, 2025, the White House announced that the WHCA would no longer determine which outlets have access to the president. Breaking with tradition, they would continue to exclude the AP while makingBloomberg News and Reuters share a single seat for wire services, and the resulting two openings would go to outlets of the White House's choosing.[19] On April 15, the White House eliminated the slot normally reserved for independent wire services in the press pool, affecting Bloomberg and Reuters along with the AP.[20]

Legal proceedings

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On February 21, 2025, the AP sued Budowich, along with Press SecretaryKaroline Leavitt and Chief of StaffSusie Wiles. The complaint alleges that, by singling out the AP for its editorial decisions, White House officials are violating the Constitution'sFirst Amendment, which guarantees the freedom of the press, and theDue Process Clause of theFifth Amendment.[21][22] The case was filed in theU.S. District Court for the District of Columbia and assigned to JudgeTrevor N. McFadden. In a hearing on February 24, 2025, Judge McFadden denied the AP's motion for atemporary restraining order.[12] A hearing for apreliminary injunction was initially set for March 20, 2025. However, due to factual disputes, the preliminary injunction hearing was moved from March 20 to March 27, 2025, at 9:30 AM, with each side allowed up to two live witnesses and one hour for direct examination.[23]

TheWhite House Correspondents' Association andReporters Committee for Freedom of the Press have filedamicus curiae briefs in support of the AP.[24][25]

On March 3, 2025, the AP amended its complaint, nearly doubling the size of the document. The amended complaint leads with a quote from an unnamed White House advisor speaking toAxios on February 25: "The AP and the White House Correspondents Association wanted to f--k around. Now it's finding out time."[26][27]

On April 8, 2025, Judge McFadden ruled that the White House must lift the access restrictions on the AP while the lawsuit moves forward but stayed the ruling, allowing the government to file an emergency appeal to theUnited States Court of Appeals for the District of Columbia Circuit requesting an administrative stay.[28]

See also

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References

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  1. ^abcNover, Scott (February 24, 2025)."The New Trump Administration Is Doing More Than Just Policing Language".Slate. New York City. RetrievedFebruary 24, 2025.
  2. ^Benton, Joshua (February 13, 2025)."Trump wants news outlets to get on board with 'Gulf of America' — or else. Will they?".Nieman Journalism Lab. Cambridge, Massachusetts: Nieman Foundation for Journalism. RetrievedFebruary 13, 2025.
  3. ^abKeith, Tamara;Walter, Amy (February 17, 2025)."Tamara Keith and Amy Walter on Trump's expanding executive powers".PBS News Hour (Interview). Interviewed byBennett, Geoff. Washington, D.C.: NewsHour Productions.
  4. ^abHinckley, Story (February 22, 2025)."A gulf widens between Trump and the press, with high stakes for free speech".The Christian Science Monitor. Boston. RetrievedFebruary 26, 2025.
  5. ^"Legal Fact Check: Can the White House pull a reporter's credentials?".YourABA. Chicago:American Bar Association. December 2018. RetrievedFebruary 12, 2025.
  6. ^DeSantis, Mark K.; Normand, Anna E. (January 27, 2025).Trump Administration Actions: Geographic Naming.CRS Reports (Report). Washington, D.C.: Congressional Research Service. p. 2. RetrievedJanuary 27, 2025.
  7. ^"Gulf of Mexico, Gulf of America".AP Stylebook. RetrievedApril 20, 2025.
  8. ^"The AP establishes style guidance on the Gulf of Mexico and Mount McKinley". Associated Press. January 23, 2025. RetrievedJanuary 23, 2025.
  9. ^Barr, Jeremy (February 13, 2025)."Associated Press and the White House remain in standoff over access".The Washington Post. Washington, D.C. RetrievedFebruary 13, 2025.
  10. ^"White House blocks AP reporter from Oval Office event over 'Gulf of America' policy".Voice of America. Washington, D.C. February 12, 2025. RetrievedFebruary 13, 2025.
  11. ^Stelter, Brian (February 14, 2025)."The White House bans the AP indefinitely over the use of 'Gulf of Mexico'". Atlanta:CNN. RetrievedFebruary 14, 2025.
  12. ^abGrumbach, Gary; Madani, Doha (February 24, 2025)."Trump administration does not have to allow Associated Press access yet, judge rules". New York City:NBC News. RetrievedFebruary 24, 2025.
  13. ^Cheney, Kyle (February 24, 2025)."Trump personally decided to limit Associated Press' access to White House".Politico. Arlington County, Virginia. RetrievedFebruary 24, 2025.
  14. ^abCrowley, Matthew (February 12, 2025)."The AP kept the name Gulf of Mexico; White House barred reporters from events over it". St. Petersburg, Florida:Poynter Institute. RetrievedFebruary 16, 2025.
  15. ^"Media coalition to White House: Restore AP access to press pool". Washington, D.C.:Reporters Committee for Freedom of the Press. February 20, 2025. RetrievedFebruary 24, 2025.
  16. ^abcJohnson, Ted (February 20, 2025)."Fox News And Newsmax Among News Outlets Urging White House To Lift Ban On Associated Press Over Continued References To 'Gulf of Mexico'".Deadline Hollywood. Los Angeles. RetrievedFebruary 20, 2025.
  17. ^Darcy, Oliver (February 19, 2025)."AP's Back-Channel Press".Status. RetrievedFebruary 21, 2025.
  18. ^Goudsward, Andrew (February 24, 2025)."US judge allows Trump's AP Oval Office ban to stand over Gulf of Mexico name". London:Reuters. RetrievedFebruary 24, 2025.
  19. ^Stokols, Eli (February 25, 2025)."White House seizes control of press pool, will decide which outlets cover events with president".Politico. Arlington County, Virginia. RetrievedFebruary 25, 2025.
  20. ^Grynbaum, Michael M.; Robertson, Katie (April 15, 2025)."White House Ends a Regular Reporting Slot for Independent Newswires".The New York Times. New York City. RetrievedApril 17, 2025.
  21. ^Folkenflik, David (February 21, 2025)."AP sues Trump White House for denying access over 'Gulf of Mexico' row".NPR. Washington, D.C. RetrievedFebruary 21, 2025.
  22. ^Schonfeld, Zach (February 21, 2025)."AP sues over White House access restrictions".The Hill. Washington, D.C. RetrievedFebruary 21, 2025.
  23. ^"ASSOCIATED PRESS v. BUDOWICH, 1:25-cv-00532 - CourtListener.com".CourtListener. RetrievedMarch 28, 2025.
  24. ^Caputo, Marc; Doherty, Erin; Gibson, Brittany (February 24, 2025)."Judge upholds Trump's right to block AP for now".Axios. Arlington County, Virginia. RetrievedFebruary 24, 2025.
  25. ^"The Associated Press v. Budowich". Washington, D.C.:Reporters Committee for Freedom of the Press. February 24, 2025. RetrievedFebruary 24, 2025.
  26. ^Betts, Anna (March 4, 2025)."AP files amended complaint against White House over press pool ban".The Guardian. RetrievedMarch 4, 2025.
  27. ^"Amended Complaint"(PDF).CourtListener. RetrievedMarch 4, 2025.
  28. ^Goudsward, Andrew (April 8, 2025)."Judge lifts Trump White House restrictions on AP while lawsuit proceeds".Reuters. RetrievedApril 8, 2025.

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