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Associated Press v. Budowich

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Associated Press v. Budowich
Seal of the United States District Court for the District of Columbia
CourtUnited States District Court for the District of Columbia
Full case name The Associated Press v. Taylor Budowich, Karoline Leavitt, and Susie Wiles
StartedFebruary 21, 2025; 48 days ago (2025-02-21)
Docket nos.1:25-cv-00532
DefendantsTaylor Budowich, Karoline Leavitt, Susie Wiles
PlaintiffAssociated Press
Court membership
Judge sittingTrevor N. McFadden
Keywords

Associated Press v. Budowich is a pending court case before Judge Trevor N. McFadden of the United States District Court for the District of Columbia concerning the decision by President Donald Trump's White House staff to bar the Associated Press (AP) from certain press events until the AP agrees to refer to the Gulf 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's wire reports. The AP Stylebook has been the American journalism industry's authoritative style guide for English grammar and terminology since the 1950s.[1][2][3] Conservative allies of President Trump have criticized the Stylebook of bias for recent changes emphasizing inclusive language.[4]

White House press corps

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The White 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, the U.S. Court of Appeals for the District of Columbia Circuit ruled in Sherrill 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 the first Trump administration, the White House revoked CNN reporter Jim Acosta's press pass, but a judge ordered him reinstated on Fifth Amendment Due Process grounds.[4]

Gulf of America

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On January 20, 2025, President Trump signed Executive 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, and Denali as "Mount McKinley". Private entities are not legally required to follow the federal government's use of these names.[6] On January 23, 2025, the AP announced that their wire reports would continue to refer to Gulf of Mexico by its traditional name while acknowledging the Trump administration's choice to use "Gulf of America". 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][7]

Removal from press pool

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On February 11, 2025, the White House Office indefinitely barred AP reporters from attending press pool events, such as press briefings in the Oval Office or aboard Air Force One. AP reporters would retain their press passes, and AP photographers would continue to have full access. Deputy Chief of Staff Taylor Budowich characterized the agency's continued references to the Gulf of Mexico as misinformation and announced that reporters from a different agency would take the AP's place.[8][9][10] 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.[11] In a legal filing, the White House later confirmed that President Trump personally made the decision to revoke the AP's access.[12]

AP executive editor Julie Pace condemned the ban as a violation of freedom of the press.[13] The White House Correspondents' Association (WHCA) and Reporters Committee for Freedom of the Press petitioned the White House to reinstate the AP. More than 50 news organizations signed one or both petitions,[14] including conservative-leaning outlets Fox News, Newsmax, and The Wall Street Journal.[15][16] Reuters,[17][13] Newsmax,[15] the Foundation for Individual Rights and Expression,[1] and the National Press Club[15] 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 making Bloomberg 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.[18]

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On February 21, 2025, the AP sued Budowich, along with Press Secretary Karoline Leavitt and Chief of Staff Susie Wiles. The complaint alleges that, by singling out the AP for its editorial decisions, White House officials are violating the Constitution's First Amendment, which guarantees the freedom of the press, and the Due Process Clause of the Fifth Amendment.[19][20] The case was filed in the U.S. District Court for the District of Columbia and assigned to Judge Trevor N. McFadden. In a hearing on February 24, 2025, Judge McFadden denied the AP's motion for a temporary restraining order.[11] A hearing for a preliminary 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.[21]

The White House Correspondents' Association and Reporters Committee for Freedom of the Press have filed amicus curiae briefs in support of the AP.[22][23]

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 to Axios on February 25: "The AP and the White House Correspondents Association wanted to f--k around. Now it's finding out time."[24][25]

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 until April 13, giving the government time to file an appeal.[26]

See also

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References

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  1. ^ a b c Nover, Scott (February 24, 2025). "The New Trump Administration Is Doing More Than Just Policing Language". Slate. New York City. Retrieved February 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. Retrieved February 13, 2025.
  3. ^ a b Keith, Tamara; Walter, Amy (February 17, 2025). "Tamara Keith and Amy Walter on Trump's expanding executive powers". PBS News Hour (Interview). Interviewed by Bennett, Geoff. Washington, D.C.: NewsHour Productions.
  4. ^ a b Hinckley, Story (February 22, 2025). "A gulf widens between Trump and the press, with high stakes for free speech". The Christian Science Monitor. Boston. Retrieved February 26, 2025.
  5. ^ "Legal Fact Check: Can the White House pull a reporter's credentials?". YourABA. Chicago: American Bar Association. December 2018. Retrieved February 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. Retrieved January 27, 2025.
  7. ^ "The AP establishes style guidance on the Gulf of Mexico and Mount McKinley". Associated Press. January 23, 2025. Retrieved January 23, 2025.
  8. ^ Barr, Jeremy (February 13, 2025). "Associated Press and the White House remain in standoff over access". The Washington Post. Washington, D.C. Retrieved February 13, 2025.
  9. ^ "White House blocks AP reporter from Oval Office event over 'Gulf of America' policy". Voice of America. Washington, D.C. February 12, 2025. Retrieved February 13, 2025.
  10. ^ Stelter, Brian (February 14, 2025). "The White House bans the AP indefinitely over the use of 'Gulf of Mexico'". Atlanta: CNN. Retrieved February 14, 2025.
  11. ^ a b Grumbach, Gary; Madani, Doha (February 24, 2025). "Trump administration does not have to allow Associated Press access yet, judge rules". New York City: NBC News. Retrieved February 24, 2025.
  12. ^ Cheney, Kyle (February 24, 2025). "Trump personally decided to limit Associated Press' access to White House". Politico. Arlington County, Virginia. Retrieved February 24, 2025.
  13. ^ a b Crowley, 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. Retrieved February 16, 2025.
  14. ^ "Media coalition to White House: Restore AP access to press pool". Washington, D.C.: Reporters Committee for Freedom of the Press. February 20, 2025. Retrieved February 24, 2025.
  15. ^ a b c Johnson, 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. Retrieved February 20, 2025.
  16. ^ Darcy, Oliver (February 19, 2025). "AP's Back-Channel Press". Status. Retrieved February 21, 2025.
  17. ^ Goudsward, Andrew (February 24, 2025). "US judge allows Trump's AP Oval Office ban to stand over Gulf of Mexico name". London: Reuters. Retrieved February 24, 2025.
  18. ^ Stokols, Eli (February 25, 2025). "White House seizes control of press pool, will decide which outlets cover events with president". Politico. Arlington County, Virginia. Retrieved February 25, 2025.
  19. ^ Folkenflik, David (February 21, 2025). "AP sues Trump White House for denying access over 'Gulf of Mexico' row". NPR. Washington, D.C. Retrieved February 21, 2025.
  20. ^ Schonfeld, Zach (February 21, 2025). "AP sues over White House access restrictions". The Hill. Washington, D.C. Retrieved February 21, 2025.
  21. ^ "ASSOCIATED PRESS v. BUDOWICH, 1:25-cv-00532 - CourtListener.com". CourtListener. Retrieved March 28, 2025.
  22. ^ Caputo, Marc; Doherty, Erin; Gibson, Brittany (February 24, 2025). "Judge upholds Trump's right to block AP for now". Axios. Arlington County, Virginia. Retrieved February 24, 2025.
  23. ^ "The Associated Press v. Budowich". Washington, D.C.: Reporters Committee for Freedom of the Press. February 24, 2025. Retrieved February 24, 2025.
  24. ^ Betts, Anna (March 4, 2025). "AP files amended complaint against White House over press pool ban". The Guardian. Retrieved March 4, 2025.
  25. ^ "Amended Complaint" (PDF). CourtListener. Retrieved March 4, 2025.
  26. ^ Goudsward, Andrew (April 8, 2025). "Judge lifts Trump White House restrictions on AP while lawsuit proceeds". Reuters. Retrieved April 8, 2025.

Further reading

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