Partner Douglas Mirell Quoted in Reuters on White House Media Ban

When the White House barred CNN, MSNOW and Politico over coverage it called "fake news," the three outlets sued in federal court in Washington, D.C. They argue the ban is unlawful retaliation for protected speech and violates their due process rights under the Fifth Amendment. Reuters turned to Nolan Heimann Partner Douglas Mirell for his view on where the legal lines are drawn.

Doug explained that the government may restrict reporters it considers security risks. To do so, it needs a clear basis and has to follow established procedures that let reporters dispute the designation. He also explained why the White House's stated reason is unlikely to hold up:

"There has to be a non-arbitrary and compelling reason to restrict access, and to say that you disagree with someone's opinion has never been a compelling reason under the First Amendment."

A longtime First Amendment litigator, Doug leads the firm's Defamation, Publicity & First Amendment practice, advising media organizations, creators and public figures on press freedom, speech and reputation matters.