The Sherrill v. Knight Doctrine (569 F.2d 124)

In 1977, the D.C. Circuit ruled that when the White House opens its press briefing facilities to journalists generally, it creates a protected First Amendment and Fifth Amendment liberty interest.

The government cannot revoke or deny access arbitrarily or based on viewpoint. To satisfy due process, the administration must:

• 1. Publish explicit, objective standards for access.
• 2. Provide timely written notice stating the factual basis.
• 3. Afford a fair opportunity to rebut before an impartial officer.
• 4. Issue a reasoned written decision upon exclusion.

The Winter v. NRDC Preliminary Injunction Test (555 U.S. 7)

A plaintiff seeking an emergency preliminary injunction must establish all four factors:

• Likelihood of Success on the Merits: Demonstrating probable constitutional violation.
• Irreparable Harm (Elrod v. Burns, 427 U.S. 347): The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.
• Balance of Equities: The government suffers no legitimate harm from being restrained from unconstitutional enforcement.
• Public Interest: The public has a paramount interest in informed, unfiltered press reporting on public officials.