Appeals Court Affirms White House Press Pass Regulations

April 8, 2025 TruthUSA

The D.C. Circuit has dismissed a First Amendment claim from a journalist contesting a policy instituted during the Biden administration.

A federal appellate court has thrown out allegations from a foreign journalist asserting that a White House press credential policy established during the Biden administration violates free speech and targets dissenting opinions.

This case is not linked to the new press guidelines introduced in January under President Donald Trump.

In a ruling on April 8, the U.S. Court of Appeals for the D.C. Circuit confirmed that Cameroonian journalist Simon Ateba—who claimed unconstitutional viewpoint discrimination—still has access to the White House via daily press passes.

However, the court declined to invalidate a credentialing policy enacted in 2023 which mandates journalists to gain accreditation from either the Supreme Court or congressional press galleries to qualify for a permanent “hard pass.”

In contrast to a daily pass, which requires reporters to apply for access each day and be escorted while present, a hard pass provides continuous, unescorted access to the White House press area.

Initially relaxed in 2021 to increase access for smaller and independent media outlets, the hard pass policy was tightened in May 2023. At that time, the White House declared that all hard passes would expire by the end of July 2023, necessitating journalists seeking renewal to reapply under more stringent requirements.

According to the revised rules, journalists must secure accreditation from the congressional or Supreme Court press galleries, reside in the Washington, D.C. area, and demonstrate full-time employment with a news organization primarily focused on journalism.

The new policy also requires journalists to undergo a Secret Service investigation to ensure they are not a security threat to administration officials or the White House complex.

This policy modification resulted in around 500 journalists losing their hard passes, including Ateba, who serves as the chief White House correspondent for Today News Africa. He filed a lawsuit in August 2023, claiming that he was effectively barred from daily press briefings in retaliation for posing uncomfortable questions.

Ateba’s lawsuit, initiated with assistance from the Center for American Liberty at the U.S. District Court for the District of Columbia, asserted that the new credentialing regulations were specifically designed to exclude him after a series of contentious interactions with the former White House press secretary Karine Jean-Pierre.

He alleged that the White House’s actions breached his First Amendment rights by discriminating against him based on the nature and tone of his inquiries.

“While other reporters were affected by the revisions, excluding Mr. Ateba was the primary aim because the White House no longer wished to engage with him or his questions,” his complaint stated.

The suit also contended that the administration’s reliance on external credentialing entities—specifically, the congressional and Supreme Court press galleries—unconstitutionally transferred press access decisions to a select group of competing journalists, granting them unchecked gatekeeping powers.

“These executive committees only award press credentials to journalists whom they consider to be ‘of repute.’ Consequently, the entrenched mainstream media wield the ability to determine which reporters can access Congress and the White House,” the lawsuit claims.

Ateba further expressed procedural concerns, such as the lack of clarity regarding application timelines and the absence of an appeals process. He also argued that the policy unreasonably mandated him to secure credentials from institutions he does not cover, such as the Senate, and that the galleries exercise “unfettered discretion in limiting free speech.”

The U.S. District Court dismissed his case in December 2023, determining that the White House press area constitutes a nonpublic forum and that the policy was reasonable and neutral in terms of viewpoint. The court also concluded that Ateba failed to convincingly demonstrate that the policy was specifically created to target him, and affirmed the government’s right to depend on external press galleries to evaluate applicants.

Ateba appealed this decision to the D.C. Circuit, which upheld the lower court’s ruling on April 8. While the appeals court recognized that the burdens introduced by the new policy—such as the loss of a hard pass—could raise First Amendment issues, it concluded that Ateba’s ongoing access via daily passes undermined claims of complete exclusion.

The court also dismissed the assertion that the policy granted unlimited discretion to gatekeepers, highlighting the objective eligibility criteria set by the press galleries.

In a statement following the ruling, Ateba remarked, “The court disagreed—but acknowledged that I raised significant First Amendment issues regarding impediments to speech and press access.”

“This struggle was never solely about me; it was about transparency, fairness, and defending access for all independent journalists—especially those who challenge established norms. I will continue my work: asking tough questions, being present each day, and voicing the concerns of the voiceless.”

The White House, which has continued to enforce the policy established under the Trump administration, did not provide a response by the time of publication.

During a January 28 press briefing—her first since President Donald Trump commenced his second term—White House press secretary Karoline Leavitt announced new media access guidelines designed to broaden opportunities for independent journalists and content creators.

Characterizing Trump as the “most accessible” leader in U.S. history, Leavitt confirmed the administration’s commitment to upholding the First Amendment and enhancing access for voices beyond traditional media outlets.

Under this new initiative, a seat previously reserved for staff is now being utilized to welcome journalists who may have never previously entered the James S. Brady Press Briefing Room.

Leavitt also highlighted that the administration is working towards restoring access for hundreds of journalists whose credentials were revoked or denied under the restrictions imposed during the Biden era.

As part of its reformation of press operations, the White House is also working to rework the conventional press pool system, limiting the number of wire services that are granted access.

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