The First Amendment protects publishing. It does not create a White House hard press pass. Those have been 2 different things since the beginning.
Washington to Adams: party papers, attacks in print, even the Sedition Act of 1798. No badge. Access was whatever the president allowed.
1800s: reporters waited outside or grabbed people leaving. In 1896 William W. Price of the Washington Evening Star parked at the gate. Theodore Roosevelt pulled them inside and controlled who got information.
Taft, 1909–1913, cut the access Roosevelt had given them. Reporters said he was withholding news. The president still decided how close they got.
1913: Wilson starts regular press conferences. 1914: reporters form the White House Correspondents’ Association to keep the briefings. Private guild, Not the Constitution.
Eisenhower years: too many reporters for a small room, so a small rotating crew covers the Oval and the plane for everyone else.
Nixon, 1969–70: he built the briefing room over Franklin Roosevelt’s old swimming pool.
A hard press pass is a Secret Service badge. Government property.
1977, Sherrill v. Knight, D.C. Circuit, not the Supreme Court: once the White House opens a press facility, it can’t deny a bona fide reporter arbitrarily. Notice. A chance to answer. A written reason. That is process on a room the executive built. It is not ownership of the West Wing. Showing up for decades is not an easement on federal land.
Hamilton, Federalist 78: the judiciary is “beyond
comparison the weakest of the three departments of power.” Judgment, not the sword. Jefferson: judges are not “the ultimate arbiters of all constitutional questions.”
Sept. 18, 2026: A press pass somehow becomes a constitutional right?!
Trump bans CNN, MS NOW, and Politico for “fake news,” “fiction and lies.” Same day he said they can still write it; they don’t get the people’s house. Sept. 19: badges deactivated at the gate.
Founders protected printing. They did not invent a badge. Publishing is still legal. The credential is what was removed.