Journalists reporting on those in power often face pushback. Fortunately, in the U.S. journalists and media outlets have protections under the First Amendment.
On April 8, 2025, U.S. District Judge Trevor McFadden issued a preliminary injunction preventing the White House from banning Associated Press reporters and photographers from being in the press pool for select media events. The judge added a stay to allow the White House time to file an appeal if they wish to.
At stake is the notion that the White House can exclude a news outlet in retaliation for disliking their reporting or, in this case, the AP's refusal to refer to the Gulf of Mexico as the Gulf of America. The injunction issued by McFadden seems to indicate that courts may not look favorably on such a prohibition, but it's too early to tell how this might play out.
Mind the Gulf
The Associated Press was created in 1846 and is currently one of the world's largest news sources. It's estimated that over four billion people view AP reporting daily and they've won 59 Pulitzer Prizes in their history. The AP carries a reputation of nonpartisan, fact-based reporting.
On the first day of his second administration, President Donald Trump issued an executive order changing the name of the Gulf of Mexico to the Gulf of America. He later designated February 9 as "Gulf of America Day." Another order changed the name of Mt. Denali back to Mt. McKinley.
The White House expected everyone to accept the new name, including members of the press. The AP began using Mt. McKinley, as it was part of the United States. However, it held the line on the Gulf of Mexico, reasoning that it has an international audience and the rest of the world refers to it as the Gulf of Mexico.
Hard Pass on Your Hard Pass
Access to the White House and other presidential venues such as Air Force One is extremely restricted. The White House press corps, numbering under 1,500, must have a "hard pass" for access to any media event at 1600 Pennsylvania Ave.
The press pool, which has access to smaller and more exclusive press conferences, generally consists of between 1% and 2% of the reporters and photographers with hard pass access. Press pool inclusion was determined by the White House Correspondent's Association — until recently.
The AP, with its seniority and reach, had long been at the head of the line for press pools. This changed after an AP reporter was summoned to a meeting on February 11 with Press Secretary Karoline Leavitt after the AP issued its decision about the Gulf of Mexico. Leavitt told the reporter that the AP would no longer be allowed in the Oval Office unless they started using the name Gulf of America.
The AP stood their ground and immediately began getting banned from press pool events. A February lawsuit presided over by McFadden was dismissed, as the judge said it was too early. However, McFadden implored the government to reconsider their position. With no change in policy detected, the second request for an injunction was successful.
A Seat at the Table
While the injunction demands that the AP reporters and photographers have their access to the press pool restored, it doesn't require the president to answer any of their questions or otherwise acknowledge their presence. Excluding some of the press may be a violation of the First Amendment, but ignoring a reporter isn't. According to Judge McFadden's opinion, "the Court simply holds that under 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."
McFadden's choice to issue a stay along with the injunction is an indicator that he expects the White House to appeal the decision. A date at the Supreme Court for a final resolution seems possible. If that's the case, Associated Press journalists with hard pass access will be on hand to report the proceedings.
Related Resources
- What Is an Injunction? When Can You Get One? (FindLaw's Law and Daily Life)
- Regulation of the Media Under the First Amendment (FindLaw's Constitutional Law)
- What Are Law Firms Doing About Retaliation From the White House? (FindLaw's Practice of Law)
