A Huge First Amendment Victory, For Now - “The Sunday Political Brunch” - September 27, 2026

Freedom of the press won a major court victory this week, but will it withstand two more likely appeals? And some big international stories are also taking center stage. Let’s “brunch” on all that and more.

“Showdown Over Press Freedoms” – As I anticipated, CNN, MS NOW, and Politico filed a federal civil rights lawsuit against the Trump White House for banning those news agencies from the press briefings and other presidential coverage. President Trump banned them for what he calls “fake news.” Trump went on to say, “You get so tired of reading and seeing fake news. When you look at CNN, it’s just fake. That’s why their ratings are no good. When you look at MS NOW, it’s fake news. And when you look at Politico... the stories they wrote are fake. So, there’s a lot of news, and there may be others to join them, and maybe they can get better.” He added, “But our country has to have honest news.”

“The Press Response” – The lawsuit by the three news outlets says the U.S. Constitution “does not allow a president or any other government official to deprive the press of their First Amendment rights and liberty and property interests with no notice or process based solely on his dislike of the content of their reporting.” A friend of mine, University of Charleston, WV Professor Bradford Deel, who served as an Army lawyer, posted on Facebook, saying,” What the president cannot do, because of the First Amendment, is to prohibit certain press from accessing White House press facilities solely because the president doesn't like what they say. That is what we refer to as ‘viewpoint discrimination,' and there are very, very few instances in which the government can lawfully discriminate against someone solely because the government doesn't like the viewpoint of the author.” On Thursday, a federal judge ruled for the three news outlets and ordered the government to restore their credentials and access. It took a few hours for the White House to comply, but it eventually did.

“What’s In the Ruling?” – In court, Justice Department lawyer Michael Velchik said, “Access to the White House is a privilege, not a right.” He said one of the negative stories from one of the three outlets reported that a “drone port” was being built on the new East Wing, and that divulging it to the public raised national security concerns. But attorney Theodore Boutrous, Jr., argued to the court that the three agencies had important news to cover, saying, “We’re at war,” and adding that, “We have world leaders coming to Washington.” District Judge Timothy Kelly, a Trump appointee, said the news agencies were denied due process in the random seizure of their credentials. The judge said, “This is a high bar, but the plaintiffs have met it.” He ordered a 14-day moratorium on the press ban, presumably to allow the White House a chance to appeal. No matter what happened in the Circuit Court of Appeals, I fully expect the U.S. Supreme Court to eventually hear this case.

“My Perspective as a Reporter” – I possessed both a White House press pass and a Congressional press pass for more than five years. In both cases, when you signed up for the press pass, you pledged not to engage in certain behaviors. Some are decorum issues, meaning I can’t stand up in a committee hearing or on the Senate floor and shout a question. Other rules concern security and public safety, including the press agreeing not to videotape or photograph security checkpoints in both the Capitol and the White House. If you violate these rules, they can suspend press access. But neither institution can penalize me for what I say or write, or tell me what to say or write. I believe this is a clear-cut First Amendment violation. Five TV networks stood in solidarity and ended the press pool where they share footage. When President Xi of China was greeted by President Trump at Joint Base Andrews, none of the six major TV networks shot video. That’s quite a swipe at the White House, which lost a tremendous photo opportunity.

“The War of Words” – There was not a lot of military action in the Iran War this past week, but the war of words escalated. That’s because world leaders were gathered at the annual United Nations General Assembly in New York City. President Trump addressed the audience, saying, “Will a deal be made with Iran that lets them rebuild and create a far greater country than it ever was before, or do I annihilate the Islamic Republic, and do it quickly, never giving them a chance to kill and destroy people and countries again? Do I drive them into hell with no chance of survival and no hope of future greatness or generations?” Iran President Masoud Pezeshkian said in his UN speech, “We have only defended ourselves. We are not terrorists. Our innocent people have been the targets of cowardly attacks and aggressions imposed upon our country. And we defended ourselves with utmost strength. America and Israel attacked us.” After both fiery speeches, Trump acknowledged that U.S. and Iranian diplomats met again. He said, “It was a very good meeting.” The president later added that the Iranian officials were “not the highest level, but it’s something.”

“The Financial Political Future” – There are only five weeks left until the midterm elections and key economic issues remain at the forefront. The barrel price of oil jumped from $90 to $95 in just one week, sending gasoline prices up again. Mortgage rates rose to 7.26 percent, a two-year high. The Dow Jones Industrial Average, which soared past 54,000 points a few weeks ago, has lost ground as it hovers just above 51,000, a loss of 5.6 percent. The inflation rate stands at 3.4 percent, which is not all that high, but still could be troublesome for incumbents of both parties trying to win reelection.

“Trump v Xi” – President Xi Jinping arrived in the nation’s capital Thursday, where President Trump rolled out the red carpet at the White House. Trump said, “From the time of my first election in 2016, President Xi and I have forged a friendship, a truly great friendship, actually, built on mutual respect and the vital interests of our people.” The two men will discuss a wide variety of conflicting issues, including trade, tariffs, artificial intelligence, and the Iran war. Xi expressed hope for cooperation, saying, “It should be a race of catching up with one another, not a wrestle in which one either wins or loses.” My gut says the two nations are too far apart on so many issues for real progress to be in the offing.

“Kamala Campaigns” – Former Vice President Kamala Harris made headlines this week as she was out campaigning for some Democrats in the midterm elections. When asked if she was planning to run for president in 2028, Harris said, “That’s not my focus right now.” Perhaps not now, but appearances can matter. For example, Harris campaigned in Michigan this past week for Abdul El-Sayed, that state’s Democratic nominee for U.S. Senate. El-Sayed is also an avowed socialist who beat a candidate preferred by state party leaders. Harris said she backed his health care knowledge, saying, “I’m here to support Dr. El-Sayed because on this subject, I know he will be a champion.” But former Rep. Mike Rogers is the Republican nominee, and his spokesperson says Harris may be a poison pill. Rogers' press secretary Alyssa Brouillet said, “Abdul is so desperate that he’s parachuting Kamala Harris into Michigan to save his flailing campaign.” Too much association with the party's socialist wing might hurt more mainstream presidential candidates, such as Harris, especially among independent voters.

Mark Curtis, Ed.D., is a South Florida-based political writer and analyst who has covered news and politics nationwide for the past 50 years. He is a multiple award winner, including two prestigious Edward R. Murrow Awards. For ten years, he was the Chief Political Reporter for seven Nexstar Media TV stations, covering the Washington DC media market, West Virginia, and its five neighboring states. Curtis is a former Congressional Fellow who worked in the U.S. House and U.S. Senate. Over the years, he has contributed as a writer and analyst at Patch.com. His commentary and analysis air every Friday at 1:45 p.m. ET on the 22-station West Virginia Metro News Radio Network. www.WVMetroNews.com.

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