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The Associated Press and Trump administration returned to court on Monday for a critical hearing in the ongoing First Amendment battle over the news-gathering service refusing to rename the "Gulf of Mexico" to "Gulf of America" and its ensuing loss of access to critical White House coverage areas.
Trump signed an executive order renaming the "Gulf of Mexico" to the "Gulf of America" on his first day in office for a second term. But the Associated Press decided to continue to refer to the body of water by its original name, while acknowledging the new moniker chosen by Trump. The decision vexed Trump, who has blocked its reporters from the Oval Office and Air Force One as a result.
The AP is now fighting to have its access restored, and at stake is whether the president is allowed to dictate which reporters and news organizations are allowed to cover official events in places like the Oval Office based on viewpoint.
INSIDE AP'S FIRST AMENDMENT BATTLE WITH TRUMP'S WHITE HOUSE AS 'GULF OF AMERICA' DISPUTE HEADS BACK TO COURT
"If the president wants to invite particular people into the White House, because of their political views, I think the president is allowed to do that," Principal Deputy Assistant Attorney General Yaakov Roth argued on behalf of the administration.
"The president routinely invites Republicans, and not Democrats, into the Oval Office for ceremonies," Roth continued. "Nobody thinks he has to extend those invitations on a view-point neutral basis."
Roth said that for the "same reasons," the president should be allowed to "invite favored reporters, and not disfavored reporters," to watch a ceremony in the Oval Office.
Roth argued that the Oval Office and Air Force One are "invitation only," as opposed to the White House briefing room, which is a dedicated workplace for journalists.
"When it is a matter of invitation, we don't apply viewpoint neutrality principles," Roth said.
The AP's attorney, Charles Tobin, said the First Amendment "does not stop at the Oval Office door" when pushing for access to be restored.
"Just like the president is not above the law, the Oval Office is not a First Amendment-banned forum for the purposes of conducting the president's business," Tobin said.
Tobin repeatedly mentioned that the White House press pool has a longstanding system for covering the White House, but judges pushed back and noted that the system has changed and evolved over the years.
TRUMP SIGNS PROCLAMATION DECLARING FEBRUARY 9 'GULF OF AMERICA DAY' AHEAD OF SUPER BOWL: 'ANOTHER BIG WIN'
Circuit Judges Robert Wilkins, Gregory Katsas and Neomi Rao heard the arguments. An order is expected in the coming weeks.
"Today AP once again stood up for the public's right to speak freely without government retaliation," an AP spokesperson told Fox News Digital. "That's what we've been doing throughout this case - defending this fundamental freedom for all Americans and all those who value freedom of speech. The First Amendment doesn't stop at the Oval Office door."
The White House did not immediately return a request for comment.
Associated Press senior vice president and executive editor Julie Pace told Fox News Digital ahead of the hearing that the decision to stick with the Gulf of Mexico is largely because the AP caters to a global audience, and consumers outside the United States don't necessarily abide by Trump's name change. She said coverage indicates the president has signed an executive order renaming that body of water.
"We're very clear about that, we have no intention of downplaying that. And I can fully understand why many people are choosing that name," Pace said.
"But as a global news organization, we have to use language that has the widest possible application," she continued. "That's Gulf of Mexico in this case."
ASSOCIATED PRESS SAYS IT WAS BARRED FROM OVAL OFFICE OVER USE OF 'GULF OF MEXICO'
U.S. District Judge Trevor N. McFadden, a Trump appointee, said in April that the White House acted against the First Amendment by blocking the AP's access over its refusal to use the term "Gulf of America." The Trump administration appealed, and the U.S. Court of Appeals for the District of Columbia Circuit paused McFadden's order.
Pace is hopeful the appeals court will reaffirm the ruling at the lower court that she called a "robust and powerful defense" of the First Amendment.
"This isn't even about the AP. This isn't about the press. This is about the First Amendment. And we hear regularly that conservatives and liberals and everybody in between really value this protection. And really, what's at stake here is whether the government can retaliate against you for the words you use," Pace told Fox News Digital.
FEDERAL JUDGE RULES WHITE HOUSE'S ASSOCIATED PRESS BAN UNCONSTITUTIONAL FOR 'VIEWPOINT DISCRIMINATION'
The Trump administration has previously said the president has absolute discretion over media access to the White House. The White House has said no media outlets are guaranteed special access to cover the president in the Oval Office, aboard Air Force One, and in other sensitive locations.
"President Trump is the most transparent and accessible President in American history. The Trump White House's changes to the press pool have all been additive, which is why we've expanded access to new media in an unprecedented way. Press secretary Karoline Leavitt has successfully ensured the White House press operation reflects the media habits of the American people in 2025, not 1925," White House spokesperson Davis Ingle previously told Fox News Digital.
