DOJ Antitrust Inquiry Targets Major Broadcasters Over White House Coverage Suspension
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The Justice Department is investigating whether five major television networks broke antitrust law by jointly suspending White House TV pool coverage after the administration restricted CNN’s access. The probe could open another legal dispute over the boundaries between competition law and news organisations’ First Amendment protections.
CNN, CBS, ABC, NBC and Fox News share rotating pool duties because space at locations such as the Oval Office and Air Force One is limited. The networks paused their rotation for about four days from 21 September, during Chinese President Xi Jinping’s visit, reducing video coverage of related events. ABC said it had not received notice of the investigation but expected to; the inquiry follows separate lawsuits over White House access restrictions, including a temporary order requiring renewed access for dozens of reporters.
- DOJ is examining the networks’ joint suspension of White House pool coverage.
- The pause lasted about four days during Xi Jinping’s visit.
- The probe may lead to another dispute over press freedom.
New here? Start with this
Five major television networks, including CNN, ABC, CBS, NBC and Fox News, use a system called the television pool to share coverage of the White House. Space in locations such as the Oval Office and Air Force One is limited, so rather than each sending separate cameras, the networks rotate the duty of filming and share the footage. This arrangement has allowed broadcasters to cover presidential events for decades.
In September, the White House restricted CNN's access to certain press events. The other four networks responded by pausing their rotation for about four days, reducing video coverage overall. The Justice Department is now investigating whether this joint suspension violated antitrust law, which prohibits companies from colluding to restrict competition.
This investigation raises a fundamental tension in American law. Competition law seeks to prevent businesses from acting together to limit competition, yet news organisations have strong legal protections for their editorial choices under the First Amendment. The outcome could clarify whether those protections extend to joint decisions by news companies about what coverage to provide.
Both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The broadcasters may argue they were engaged in legitimate collective action to defend press freedom when one outlet faced government-imposed access restrictions. Coordinated solidarity against state censorship constitutes protected speech and principled industry conduct, not unlawful collusion, particularly when the alternative is acquiescing to government restrictions on press access. The principle of defending press liberty from government encroachment should take precedence over ordinary competition law concerns.
The case against
Antitrust authorities may contend that coordinated suspension of a shared competitive arrangement constitutes illegal coordination regardless of the broadcasters' stated motive or intention. Competition law protects market competition and consumer interests, and permitting competitors to jointly restrain their practices based on political grounds would create dangerous precedent and undermine antitrust enforcement. Individual outlets remain free to protest government actions independently without coordinating their business practices with competitors.
Coverage
- Daily Mail — US investigates broadcasters over suspension of shared White House coverage
- Deadline — DOJ Launches Investigation Of Networks For Suspending TV Pool Amid Trump’s Ban On CNN