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媒体律师请求法院在法律案件解决前协助阻止白宫禁令Media attorneys ask court for help in preventing White House ban until legal case is resolved

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三家新闻机构的律师周四告诉联邦法官,必须阻止特朗普政府禁止他们的记者进入白宫,并称这一禁令是“观点歧视”的典型例子,惩罚人们因其言论而受到处罚,同时侵犯了这些媒体机构依据《第一修正案》所享有的权利。

An attorney for three news organizations told a federal judge Thursday that the Trump administration must be prevented from barring their reporters from the White House, saying the ban is a classic example of "viewpoint discrimination" that is punishing people for what they say — and violating the media outlets' First Amendment rights.

此次听证会是特朗普政府与新闻媒体之间不断升级的冲突中的最新进展。在特朗普总统第二个任期内,这场冲突已在多个领域激烈展开。然而,其核心涉及多项言论自由问题。这场争端已导致对白宫和五角大楼记者的制裁与限制,并引发了多起正在联邦法院系统审理中的诉讼。

The hearing was the latest development in the escalating drama between the Trump administration and the news media, which has raged in various arenas during his second term as president. At its core, though, are multiple free-speech questions. The dispute has produced sanctions and restrictions on White House and Pentagon reporter and led to several lawsuits that are progressing through the federal court system.

美国地区法官蒂莫西·凯利表示,他计划最晚在周二前作出裁决,甚至可能更早,决定是否延长他此前发布的命令,以维持MS NOW、CNN和Politico记者进入白宫的权限。如果批准这些媒体机构提出的初步禁令请求,将能维持现状——即保持记者的进入权限——直至诉讼解决。

U.S. District Judge Timothy Kelly said he intended to rule by Tuesday, possibly sooner, on whether to extend his own order maintaining White House access for journalists from MS NOW, CNN and Politico. Granting the news outlets' request for a preliminary injunction would preserve the status quo — access — until the litigation is resolved.

凯利由共和党总统唐纳德·特朗普提名担任法官。他并未说明自己打算如何裁决,但称政府在此阶段提出的关键论点“困难重重”且“难以成立”。这位法官还要求政府律师具体说明政府声称受到威胁的国家安全担忧。

Kelly, nominated to the bench by Republican President Donald Trump, didn't say how he intends to rule but described key government arguments as an "uphill climb" and a "tough lift" at this stage of the litigation. The judge also challenged a government attorney to specify the national security concerns that the administration claims are at stake.

司法部律师迈克尔·韦尔奇克表示:“我们始终明确,这不仅仅是国家安全问题。”他主张,虚假报道可能影响政策,并对国家安全造成不利影响。

"We've always been clear that it's not just national security," Justice Department attorney Michael Velchik said, arguing that false reporting can impact policy and adversely affect national security.

韦尔奇克在谈到特朗普时表示:“如果特朗普应得负面报道,他并不介意。他的问题在于有人传播可被证实的虚假信息。”

"He doesn't mind negative press stories if he deserves them. He has problems with trafficking verifiable falsehoods," Velchik said of Trump.

媒体原告方律师小西奥多·J·布特罗斯表示,政府仍在继续对其不喜欢的观点和报道进行歧视。

Theodore J. Boutrous Jr., an attorney for the media plaintiffs, said the government was continuing to discriminate against viewpoints and reporting it doesn't like.

“他不喜欢自己的政策受到审查,也不喜欢媒体报道,他想要更多正面新闻,”媒体组织的律师小布特鲁斯在法庭上表示。他说,这是一种基于内容的言论限制,明显违反了《第一修正案》。

"He doesn't like scrutiny of his policies, he doesn't like the reporting, he wants more good press," Boutrous Jr., an attorney for the media organizations, said in court. That's a content-based restriction on speech and a clear violation of the First Amendment, he said.

韦尔奇克表示,白宫对被禁新闻机构报道的一些问题包括“并非实际说过的引语”、使用匿名消息来源,以及剪辑采访内容以插入受访者实际未被问及的问题。“我认为我们已经针对每一家媒体机构提出了具体的指控,”他说。

Velchik said some of the issues the White House has with the banned news organizations' reporting include "quotations that are not actually said," the use of anonymous sources and splicing interviews to insert different questions than what the interviewee was actually asked. "I do think that we've identified specific allegations for each individual outlet," he said.

此案自去年一月特朗普禁止这些媒体机构进入白宫区域并批评其报道为“假新闻”后不久便已展开。

The case has been going on since last month, shortly after Trump banned the outlets from the White House grounds, saying he objected to their reporting.

这些新闻机构希望获得更长期的救济措施,直到整个案件得到解决,而临时限制令原定于周四到期。但法官将其延长至周二,并表示届时将决定是否发布初步禁令。

The news organizations want longer-term relief until the entire case is resolved, and a temporary restraining order was due to expire on Thursday. But the judge extended it until Tuesday and said he intends to rule by then on whether to issue the preliminary injunction.

在凯利主持的听证会召开前近三周,CNN、MS NOW和Politico突然被禁止进入白宫区域,总统当时谴责他们的报道为“假新闻”。CNN发言人表示,该电视台周二已获准履行其联合采访报道职责,下一次安排则在周日。

The hearing before Kelly came nearly three weeks after CNN, MS NOW and Politico were abruptly banished from White House grounds, with the president decrying their "fake news." A spokesperson for CNN said the network had been allowed to fulfill its pool duties on Tuesday, and is next scheduled for Sunday.

尽管凯利的命令允许记者重返白宫,但政府仍继续选择性地排除CNN参与白宫广播联合采访报道。CNN发言人表示,该电视台周二已获准履行其联合采访报道职责,下一次安排则在周日。

Although the journalists were allowed back in by Kelly's order, the administration continued to selectively exclude CNN from its duties in the White House broadcast pool. A spokesperson for CNN said the network had been allowed to fulfill its pool duties on Tuesday, and is next scheduled for Sunday.

凯莉此前已针对该禁令申请了为期两周的临时限制令,但该限制令将于周四到期。这些媒体机构已请求法院暂停执行该禁令,直至案件得到解决。它们称,尽管已有限制令,政府仍“持续以不可预测且前后矛盾的方式执行禁令”——包括选择性禁止CNN参与白宫联合采访活动。

Kelly had granted a two-week temporary restraining order against the ban, but it expires Thursday. The outlets have asked the court to halt the ban until the case is resolved, saying the administration has "persisted in unpredictably and inconsistently implementing its ban" despite the restraining order — including selectively keeping CNN from participating in White House pool duties.

这些媒体机构的律师在9月28日提交的一份文件中写道:“白宫的言行几乎毫无疑问地表明,如果得到机会,它将立即重新对CNN、MS NOW和POLITICO实施全面禁令。”

"The White House's words and actions leave little doubt that it will immediately reinstitute a complete ban of CNN, MS NOW, and POLITICO if allowed the opportunity," lawyers for the networks wrote in a filing on Sept. 28.

争议的核心在于:总统或任何人是否有权因新闻报道的内容而惩罚媒体机构。这些新闻机构称,这种做法属于“观点歧视”,而第一修正案对言论自由的保护明确禁止此类行为。

At issue is whether the president, or anyone, can punish news outlets for the content of their reports. The news organizations say that doing so is "viewpoint discrimination" forbidden by the First Amendment's free-speech protections.

特朗普坚称,他不必允许那些报道内容令他不悦的媒体机构进入白宫区域。总检察长托德·布朗奇最近在接受ABC采访时说道:“白宫属于人民,这是一种特权,而非权利。”自禁令实施以来,政府一直以此为由进行辩护。但这些新闻机构认为,这种做法违反了宪法中保护言论自由和正当程序的相关修正案。

Trump insists that he doesn't have to let news outlets whose reports he dislikes onto White House grounds. "When it comes to the White House, it is the people's house," Attorney General Todd Blanche said on ABC recently, invoking an argument the administration has made since the beginning. "It is a privilege, and not a right, to be there." The news organizations say that approach violates the Constitution's amendments protecting free speech and due process.