Argued October 15, 2024 Decided April 8, 2025

No. 24-5004

SIMON ATEBA, APPELLANT

v.

KAROLINE C. LEAVITT, IN HER OFFICIAL CAPACITY AS PRESS SECRETARY TO THE PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES

Appeal from the United States District Court for the District of Columbia (No. 1:23-cv-02321)

Josh Dixon argued the cause for appellant. With him on the briefs were Harmeet Dhillon, Jesse Franklin-Murdock, and Eric Sell.

Steven A. Myers, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Brian M. Boynton, Principal Deputy Assistant Attorney General, and Joshua M. Salzman, Attorney.

Before: WILKINS and PAN, Circuit Judges, and ROGERS, Senior Circuit Judge. 2 Opinion for the Court filed by Circuit Judge PAN.

PAN, Circuit Judge: Simon Ateba is a journalist who seeks preferred access to the White House Press Area with a special press credential known as a “hard pass.” The White House issues hard passes o