The appeals court ruled that the White House could not arbitrarily deny press passes in the case of Robert Sherill.
Posted by The Briefing with Jen Psaki, Checked
- Sources
- 3 support1 context
- Said
- 1 time·
- Confidence
- 90%
The Briefing with Jen PsakiSep 24, 2026
The 1977 D.C. Circuit decision in Sherrill v. Knight held that the First Amendment requires that White House press access not be denied arbitrarily or for less than compelling reasons, so the claim is supported.
What was said
… Now, eventually, the government appealed the case, at which point Thomas Forsyth dropped out of the whole affair. But the other journalist, a Washington correspondent for The Nation, by the name of Robert Sherill, kept fighting, and the appeals court reached the same conclusion: the White House could not arbitrarily deny those press passes. And today, that case, that precedent, often shorthanded as the Sherill precedent, came up in a D c. Court after three news organizations, including this one, sued the Trump administration over its decision to ban our journalists from the White House. …
The Briefing with Jen Psaki · · from the transcriptPost →What we found
Supports. The D.C. Circuit in Sherrill v. Knight (1977) held that the First Amendment requires that access to White House press facilities 'not be denied arbitrarily or for less than compelling reasons.'[1][2]
Supports. A later Justice Department filing describes Sherrill as finding a First Amendment right for Washington-based correspondents not to be denied a press pass 'arbitrarily or for less than compelling reasons' once similarly situated press were given regular access.[3]
Context. The holding was conditional: it applied once the White House had made press facilities publicly available, and the court's remedy centered on procedural protections rather than a right to a pass itself.[1][4]
Context. The claim matches the extracted passage, which names Robert Sherill and the appeals court's conclusion that the White House could not arbitrarily deny press passes; no added figures or scope.[4]
Sources
4 sources: 4 primary
- 1Sherrill v. Knight (D.C. Cir.)(1977) - Free Speech Centerfirstamendment.mtsu.edu · primary source · cited for: supports, context
- 2United States Court of Appealsmedia.cadc.uscourts.gov · primary source · cited for: supports
- 3Revocation of White House Press Passesjustice.gov · primary source · cited for: supports
- 4Professor Roy Gutterman L’00 Discusses the Ban on Specific News Outlets at the White Houselaw.syracuse.edu · primary source · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- A federal judge found that the government's failure to devise, publicize, and utilize narrow and specific standards for the issuance or denial of press passes infringes on First Amendment rights.True
- The court found that the government's failure to inform plaintiffs of the evidence or grounds for denying press pass applications violates their Fifth Amendment right to procedural due process.True
- The Trump administration argued in court that the president should be able to take immediate action to protect national security regarding the revocation of press passes.True
- Three news organizations sued the Trump administration over its decision to ban journalists from the White House.True
- The Nixon White House denied Thomas Forsyth a press pass in 1971.Can’t tell