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.
Posted by The Briefing with Jen Psaki, Checked
- Sources
- 5 support3 context
- Said
- 1 time·
- Confidence
- 85%
The Briefing with Jen PsakiSep 24, 2026
The claim matches the holdings in the press-pass cases: the D.C. Circuit in Sherrill v. Knight (1977) and the district court in Forcade v. Knight (1976) held that the Secret Service must inform applicants of the evidence and grounds for denial, and that denial without this violates Fifth Amendment procedural due process.
What was said
… 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 plaintiffs' First Amendment right to freedom of the press. The court also found that defendants' failure to inform plaintiffs of the evidence or grounds of the decision to deny their press pass applications, or to permit them an adequate opportunity to rebut or exclaim the evidence or explain the evidence or grounds, violates their Fifth Amendment right to procedural due process. The First and Fifth Amendments are so important, so sacrosanct, that the White House could not simply exclude those journalists without explanation. …
The Briefing with Jen Psaki · · from the transcriptPost →What we found
Supports. The D.C. Circuit in Sherrill v. Knight (1977) held that denying a White House press pass is a liberty deprivation under the Fifth Amendment, requiring notice of the evidence, an opportunity to rebut, and a final written decision of reasons.[3][4]
Supports. The district court in Forcade v. Knight (1976) held that applicants must be informed of the evidence against them and the grounds for the contemplated denial, and must have an opportunity to rebut or explain it, or the Fifth Amendment is violated.[5]
Supports. In the 2026 CNN, MS NOW and Politico case, Judge Kelly found the plaintiffs likely to succeed on their Fifth Amendment procedural due process claim because they received no notice or opportunity to be heard before their credentials were revoked.[2][6]
Context. The 2020 D.C. Circuit Karem decision applied the same Fifth Amendment notice requirement to a suspended hard pass, consistent with the Sherrill line of cases.[1]
Context. The claim's 'the court' most plausibly refers to the Sherrill/Forcade litigation described in the post, since its plaintiffs and defendants match those cases; the 2026 ruling reaches the same due process conclusion.[7][8]
Sources
8 sources: 1 primary, 1 tier 1, 6 not rated
- 1United States Court of Appealsmedia.cadc.uscourts.gov · primary source · cited for: context
- 2Judge orders White House to immediately restore access ...thehill.com · tier 1 · cited for: supports
- 3Robert Sherrill v. H. Stuart Knight, Director, United States Secret ...law.justia.com · not rated · cited for: supports
- 4569 F2d 124 Sherrill v. H Knight | OpenJuristopenjurist.org · not rated · cited for: supports
- 5Forcade v. Knight, 416 F. Supp. 1025 (D.D.C. 1976)supreme.justia.com · not rated · cited for: supports
- 6White House ordered to restore access to banned news ...axios.com · not rated · cited for: supports
- 7How due process, not the First Amendment, got the White ...theconversation.com · not rated · cited for: context
- 8How due process, not the First Amendment, got the White House ban on reporters blocked in courtpdclarion.com · not rated · 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 appeals court ruled that the White House could not arbitrarily deny press passes in the case of Robert Sherill.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
- The D.C. Circuit Court of Appeals upheld a district court decision ruling that the IRS's decision to share taxpayer information with the Department of Homeland Security violates the law.True
- Three news organizations sued the Trump administration over its decision to ban journalists from the White House.True