Berliner Tageszeitung - Judge hears Associated Press suit over White House denial of access

AP journalists and photographers have been barred from the Oval Office and traveling on Air Force One since February 11, because of the outlet's decision to continue referring to the "Gulf of Mexico" -- and not the "Gulf of America" as decreed by Trump.

District Judge Trevor McFadden, a Trump appointee, did not issue a ruling at the conclusion of a hearing in the case on Thursday but said he would do so in a "timely fashion."

The AP, in a suit filed against three White House officials, said the denial of access to the wire service violates the First Amendment of the Constitution, which guarantees freedom of speech and of the press.

AP lawyer Charles Tobin said at the hearing that the exclusion of the AP from certain official White House events was "abject retaliation" that has had "an adverse impact and chilling effect on the entire journalism industry."

Evan Vucci, chief White House photographer for the AP, testified that the access ban has left the agency "struggling to keep up."

"It's hurting us big time. We are basically dead in the water on major news stories," said Vucci, who took the iconic photograph of Trump pumping his fist in the air after an assassination attempt last year.

Two weeks after barring the AP, the White House stripped journalists of the nearly century-old power to decide which of the profession's own number will be members of a pool of reporters and photographers covering presidential events.

On Air Force One, the press pool consists of 13 newspaper and wire service reporters, photographers and TV and radio reporters, while for events in the White House itself it is slightly larger.

White House Press Secretary Karoline Leavitt said the independent White House Correspondents' Association (WHCA) would no longer have a "monopoly" on choosing members of the press pool.

- 'No First Amendment right of access' -

Brian Hudak, a Justice Department attorney, said at Thursday's hearing that pool membership is at the discretion of the White House and the president.

"There is no First Amendment right of access to the press beyond what is afforded to the general public," Hudak said.

Tobin said the AP has not been admitted to the press pool for 44 days. "The White House changed its policy to a rotation system that happens to exclude the AP," he said.

"The only thing that seems to be consistent is that the AP is not allowed," added Vucci.

The WHCA -- of which AFP is a member -- condemned the decision by the White House to choose pool members, saying it "tears at the independence of the free press."

In its style guide, the AP notes that the Gulf of Mexico has "carried that name for more than 400 years" and the agency "will refer to it by its original name while acknowledging the new name Trump has chosen."

"As a global news agency that disseminates news around the world, the AP must ensure that place names and geography are easily recognizable to all audiences," the AP said.

The 180-year-old organization has long been a pillar of US journalism and provides news to print, TV and radio outlets across the United States and around the world.

A. Walsh--BTZ