As I noted Friday, according to the D.C. Circuit (the federal appellate court with jurisdiction over D.C.), it's
- unconstitutional for the government to exclude press outlets based on viewpoint from spaces that have been broadly opened to the press, such as the main White House press briefing room but
- constitutional to do so as to spaces that aren't generally open to the press, such as interviews in the Oval Office.
The key precedent on this in AP v. Budowich (D.C. Cir. 2025), which upheld the exclusion of the AP from the Oval Office (because of AP's refusal to call the Gulf of Mexico "Gulf of America"), but reaffirmed (citing Sherrill v. Knight (D.C. Cir. 1977)) that
