Although the judge agreed with the White House, that revoking Acosta’s press pass was not a first amendment violation, he said that once he allows others into the White House for press events, yet deny CNN’s grandstanding Acosta his “hard” pass, it then becomes a first amendment issue. The judge, however, made it very clear that President Trump could essentially freeze Acosta out of the press conferences by ignoring him. For many of us, that seems like a better option, anyhow.
The Daily Caller reports – A judge issued an injunction on Friday morning ordering the White House to reinstate CNN’s Jim Acosta’s press pass, arguing that Acosta’s First Amendment rights trump the White House’s right to an orderly press room.
Judge Timothy J. Kelly was initially expected to make an announcement in the case on Thursday at 3 p.m. EST, but the announcement was delayed until Friday morning.
Kelly agreed with the White House that there is no First Amendment right to be on the White House grounds, but added that Acosta did not receive due process before his pass was revoked.
Paul McLeod, a Capitol Hill reporter for Buzz Feed news, shared his findings on Judge Kelly’s court case against the White House on Twitter.
Next, he tweets:
Judge agrees with the White House that there is no first amendment right to come onto the White House grounds. HOWEVER once they do open up WH grounds to reporters but denies others, first amendment comes into play.
Judge agrees with the White House that there is no first amendment right to come onto the White House grounds. HOWEVER once they do open up WH grounds to reporters but denies others, first amendment comes into play.
— Paul McLeod (@pdmcleod) November 16, 2018
McLeod also reminds everyone of that the judge is ruling on the fifth amendment issue, and that if the charge was that Acosta’s press pass was removed for assaulting the young intern, as was originally reported by White House Press Secretary Sarah Sanders, the judges ruling would not have been favorable for Acosta: “Worth noting the judge says the balance of inequities would not have swung in Acosta’s favor had the White House banned him for safety or security reasons.
The judge is ordering Acosta’s press pass reinstated because he found a likely violation of Acosta’s Fifth Amendment right to due process.
Acosta/CNN also argued a First Amendment violation of viewpoint or content discrimination. Judge did not end up having to consider this.
— Paul McLeod (@pdmcleod) November 16, 2018
Here is the tweet from Sarah Sanders explaining why Acosta’s press pass was suspended:
President Trump believes in a free press and expects and welcomes tough questions of him and his Administration. We will, however, never tolerate a reporter placing his hands on a young woman just trying to do her job as a White House intern…
— Kayleigh McEnany 45 Archived (@PressSec45) November 8, 2018
Here are images of CNN’s Jim Acosta karate chopping the young, female interns arm, while she was trying to do her job.
While the judge did rule that the plaintiffs have shown the likelihood that Acosta’s fifth amendment rights were violated, he also is quick to say that this case is not over, tweeting: CNN and Jim Acosta win today but remember this case is not over. Judge is not ruling Acosta’s first amendment was in fact violated. This is just an injunction.
CNN and Jim Acosta win today but remember this case is not over.
Judge is not ruling Acosta’s first amendment was in fact violated. This is just an injunction.
— Paul McLeod (@pdmcleod) November 16, 2018
And now, for the best part…The judge also ruled that Acosta is owed due process if his hard pass id going to be revoked, but that President Trump never needs to call on #FakeNewsCNN’s Jim Acosta again.
Of course, that doesn’t preclude other members of the same anti-Trump press pool from turning their questions over to the grandstanding journalist who is more worried about making the news himself than covering our President fairly and with the respect he deserves.
Judge Kelly says Trump need not ever call on Jim Acosta again, but Acosta is owed due process if his hard pass is going to be revoked.
— Paul McLeod (@pdmcleod) November 16, 2018