Legal Eagle
@allthingscivil.bsky.social
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Hot takes on the law, the military, my dogs, and lunch • עם ישראל חי • я ненавижу коммунистов
Hot takes on the law, the military, my dogs, and lunch • עם ישראל חי • я ненавижу коммунистов
![House is a privilege—not a right. The President has set out his factual findings and provided
Plaintiffs an opportunity to contest this decision by 5:00 PM Friday, September 25, 2026.
Plaintiffs ask this Court to enjoin the President to provide them with immediate, continued
access to the White House complex, contrary to his personal judgment, on three purported grounds.
All fail. First, the President’s actions are lawful under the First Amendment. While the D.C. Circuit
has held that some areas of the White House grounds constitute a nonpublic forum, Sherrill v.
Knight, 569 F.2d 124 (D.C. Cir. 1977), that decision is wrong and should be overruled. But even
under Sherrill, the President’s actions must be sustained because the President has “compelling
interest[s]” in enforcing minimum standards for bona fide journalists and safeguarding national
security information. At the very least, the Government may control reporters’ access to restricted
presidential areas, such as the Oval Office, even for viewpoint-discriminatory reasons. Associated
Press v. Budowich, No. 25-5109, 2025 WL 1649265 (D.C. Cir. June 6, 2025) (“AP”). Second, the
President’s actions were not retaliatory because the Government would have taken the same action
anyway, notwithstanding Plaintiffs’ speech criticizing the President—indeed, the President has not
revoked access to other outlets that have equally criticized the President. Third, Plaintiffs are
unlikely to prevail on their due process claims because, even if they have a constitutional right to](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bfdiyietterineb3cvu3ddco/bafkreictrb2d32eol2ugcdj7pgsdllftmzcwtar4fj6oqf537cyaqp5atu)
