The US Court of Appeals for the District of Columbia Circuit on Friday blocked the White House’s 30-day suspension of reporter Brian Karem’s press pass for a heated exchange with Sebastian Gorka, another reporter. The three-judge panel unanimously ruled that Karem would likely succeed on his due process claim because he did not have fair notice that the White House might punish him for the unprofessional behavior.

Karem attended the White House’s 2019 Social Media Summit where he listened to President Donald Trump’s remarks. As Trump walked away, Karem shouted questions at him, then turned to the other reporters and declared, “This is a group eager for demonic possession.” This led to a heated interaction with Gorka, who took offense to the comment.

Then-Press Secretary Stephanie Grisham notified Karem three weeks later that she decided to suspend his pass for 30 days. Karem’s disruption violated the standards of behavior.

After receiving word that his pass was suspended, Karem filed suit against the White House. He claimed that the suspension violated the First and Fifth Amendments.

The appeals court explained that it was unclear whether Karem’s remarks were sanctionable. Further, nothing put him on notice of the “magnitude” of the sanction.

Additionally, the court ridiculed the White House’s argument for “raising the specter of the absurd” by arguing that the Press Secretary would be powerless to sanction reporters who “moon” the President. Judge Tatel stated: “In any event, the White House can rest assured that principles of due process do not limit its authority to maintain order and decorum at White House events by, for example, ordering the immediate removal of rogue, mooning journalists.”