
Why DOJ Is Investigating TV Networks’ Press-Pool Coverage
The inquiry concerns whether a temporary joint pause in presidential coverage could count as an illegal group boycott under federal competition law.
The short version
- The Justice Department is investigating whether ABC, CBS, CNN, NBC and Fox News violated antitrust law by briefly suspending shared television press-pool coverage of President Donald Trump. 123
- The inquiry followed the White House’s decision to block CNN, MS Now and Politico from access, after which the networks paused the pool system for several days. 23
- The Justice Department says group boycotts by commercial competitors can violate the Sherman Act, a federal competition law. 23
- An investigation is not a finding of wrongdoing; the sources do not explain what evidence the department has or whether it will bring a case. 23
What is the Justice Department investigating?
The US Department of Justice says it is examining whether five television networks broke antitrust laws when they temporarily stopped providing shared press-pool coverage of President Donald Trump. The networks named in the reports are ABC, CBS, CNN, NBC and Fox News. 123
The department has asked the networks to provide communications related to the White House television pool, according to the BBC. The reports describe an investigation, not a decision that the networks broke the law. 3
What is a White House television press pool?
A press pool is a small group of journalists who cover an event or location on behalf of a wider group of news organizations. In this case, television networks take turns covering the president and share footage with other outlets. Pool members can also share pictures and descriptions of the president’s movements. 3
The arrangement lets more news organizations report on events even when space or access is limited. When the television pool stopped operating temporarily, its shared coverage of Trump’s appearances was affected. 3
Why does antitrust law apply to news coverage?
Antitrust law is intended to protect fair competition between businesses. The Justice Department spokesperson cited the Sherman Act, a federal law, and said that group boycotts among commercial competitors can violate it. 23
The department’s question is whether the networks’ coordinated pause amounted to such a boycott. The available reports do not spell out how the department is applying the law to the networks’ press-pool arrangement, or what facts would establish a violation. 2
What led the networks to pause pool coverage?
The reports link the pause to the White House’s decision to block CNN, MS Now and Politico from White House access. Trump had accused the outlets of false reporting, according to the reports. The television networks then suspended the shared pool system for several days. 23
The pool’s interruption affected live television coverage of Trump events. The BBC reports that the White House later reinstated the three outlets’ access after a judge issued a ruling; the sources provided do not give further detail about that ruling. 3
Does the investigation mean the networks broke the law?
No. The Justice Department has said it is investigating to determine whether the networks violated antitrust laws. That statement does not establish that a violation happened. 12
The sources do not say what evidence the department has gathered, how long the inquiry may take, or whether it will lead to charges or another legal action. They also do not provide detailed responses from the five networks. 2
What we don't know yet
- What communications or other evidence the Justice Department has collected.
- How the department will apply the Sherman Act to the networks’ temporary press-pool pause.
- Whether the investigation will lead to a finding, charges or any other action.
- How each of the five networks will respond to the inquiry.
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Questions people ask
Which TV networks are part of the DOJ investigation?
What is the Sherman Act, and why is it mentioned?
Why did TV networks stop covering Trump through the press pool?
Has the Justice Department found that the networks broke the law?
What happens next in the press-pool investigation?
The Justice Department has asked the five networks for communications related to the White House television pool, according to the BBC. The sources do not say when the inquiry will conclude or whether it will result in further legal action. 3
Sources
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