Sherrill v. Knight

Robert Sherrill (plaintiff) was a journalist who was denied a White House press pass after the Secret Service (defendant) objected for security reasons. The Secret Service had not published its standard for denying press-pass applications and did not provide procedural protections for unsuccessful applicants. Successful press-pass applicants gained access to the White House’s press facilities, which were available only to journalists and not the general public. Sherrill sued the Secret Service, alleging that the denial of his press-pass application violated the First and Fifth Amendments. The district court ordered the Secret Service to develop narrow and specific standards for denying press passes and to adopt procedures that would (1) notify a rejected applicant of the factual bases for the denial, (2) give the applicant an opportunity to respond to the denial, and (3) provide the applicant with a final written statement specifying the reasons for the denial. The Secret Service appealed to the United States Court of Appeals for the District of Columbia Circuit. The Secret Service argued that because the public had no right of access to the White House and because the media’s right of access in general was no greater than the public’s right of access, the denial of a White House press pass could violate the First Amendment only if the denial was based on the content of the applicant’s speech.