I have previously criticized the White House for suspending the access of CNN Chief White House Correspondent Jim Acosta. While I believe that Acosta was wrong in refusing to yield the mike at a former press conference, the White House should restore his access. That, however, does not mean that the suspension would be viewed as an actionable legal case. CNN is reportedly considering such a lawsuit and Floyd Abrams, a constitutional law expert, is quoted as saying that CNN would have a “really strong lawsuit” against the White House. I am not so confident despite my agreement with CNN on the merits of the action. My concern is how a court would craft the standard for such review in having a right to a press pass. Moreover, whatever due process claim can be raised, the burden is likely to be modest.
CNN itself has not been barred from the press conference or the White House. A court would have to rule that the White House cannot suspend individuals for conduct deemed inappropriate. Since the network itself is not barred, the lawsuit will face a greater challenge under the First Amendment.
CNN can argue that the action is based on the content of Acosta’s questions and not his conduct. However, there was a refusal to allow another reporter ask a question and a refusal to surrender the mike. There was also a continued effort to speak over the President. While that is not unheard-of conduct, the question is whether a court would invite the opportunity to referee such internal decisions of access for individuals.
Presumably, the White House can remove or suspend individuals over disruptive conduct. Here the White House is citing conduct. The court could look into whether the rationale is clearly erroneous but few judges would view Article III as giving them a license to delve into levels of unacceptable conduct. Most judges would certainly be interesting in any retaliation based on the content of journalistic questions. That however may be hard to establish here since Acosta has previously asked such questions and many other reporters continue to ask the same probative questions.
I am reluctant to disagree with Floyd but I would be less confident in such a challenge.
What do you think?
What did Mr. Acosta & CNN CEO Jeff Zucker do in high school & college?
Using the same tactical strategy as attorney Michael Avenatti, based on beer drinking & gang rape house parties.
So if for the sake of argument CNN prevails in a future legal challenge to Mr. Acosta’s suspension, what happens next? The President or Press Secretary simply does not take any questions from Mr. Acosta. Case closed.
Darren Smith – if I interpreted the language of Sarah Huckabee correctly, they did not pull his press pass, they pulled his “hard pass” which seems to be access to the White House. They really cut him off at the ankles. 😉
However, I do not see anyone, except the current President and his family, as having a “right” to enter the White House. And, like I said, if CNN wins this case for Abilio Acosta, then the President needs to sue for an hour long daily program on CNN. It wouldn’t hurt their ratings any. 😉
“While I believe that Acosta was wrong in refusing to yield the mike at a former press conference, the White House should restore his access.”
I see this as, Waaaaaaaaa, I’ve been bad and deserve no punishment!
Is Turley becoming an entitled brat too?
That’s right. Jam the courts.
Floyd Abrams provides solid evidence of two things:
1. There are way too many lawyers.
2. Way too many of the way too many lawyers chase way too many ambulances–even ones without wheels.
“First thing, let’s kill all the lawyers.”
Do you really want a kakistocracy?
We already have one.
On a quite petty scale, yes.
What the Whitehouse ought to do is allow just 10 questions, call on Jim Acosta, and then let him rave. See then how the other reporters would support him.
Peter Hill – does CNN realize that if they lose this case Abilio Acosta will never get his press pass back?
I foresee a summary judgment in favor of the administration
I reread the 1A. Acosta has the right to free speech and press but nowhere does it say that he has the right to be heard.
Correct me if I am wrong but the White House doesn’t have to have press briefs on the grounds. In fact, the White House doesn’t have to have press briefs at all. Acosta uses his time to showboat because Acosta is a self entitled ass.
Thomas Johnson – Obama did one-on-ones and the questions had to be submitted a week in advance. A reporter in Phoenix spilled the beans and then was publically spanked by the press corps for doing so.
Even Obama’s press conferences were scripted. Questions were cleared in advance.
Trump takes question on the fly. Abilio Acosta is an ass and deserves what happened to him.
https://www.infowars.com/video-one-of-the-biggest-media-hoaxes-ever/
Sorry, I thought the Censorship continued as more fake votes are bring trucked in by semi’s for the dems as I type, but I guess I got this posted & though.
Point being don’t take the ability to post for granted as we all have been witnessing censorship going on here in the US & world-wide.
Notice the really import issues the old media is not reporting on!
Someone should ask Prof Turley why he is attempt to deceive his viewers/readers with this article mainly defending CNN & the rest of the old dying main stream media lying propaganda instead of writing/saying what the truth is?
And I believe this is hardly the 1st time.
You view, listen & decide for yourself!
https://www.infowars.com/video-one-of-the-biggest-media-hoaxes-ever/
He is a self proclaimed Liberal, what ever that means to him, we don’t know. You can be an expert on one thing, and view it as something to be followed, or toyed with. He definitely leans Left, there’s no doubting that.
Enough incoherence and hysteria.
Repeal the 19th amendment.
China doesn’t allow anyone to vote and it just annexed the Azores to launch satellites that detect American submarines.
If any court has final say over the Executive who is allowed to ask questions, then the Executive has say over witnesses in that same court house.
CNN is a carnival attraction, a very bad one.
Their new CNN reporter almost got thrown out. What the hell do they want? And he went to Paris to cover the President, He doesn’t have a Divine Right to question the President.
If Abilio Acosta wins his suit, then the President should counter to have his own show on CNN.
Your last sentence is brilliant. Please provide a link to your own blog so I can subscribe.
I missed Acosta’s name in the Constitution.
In support. There was no violation of free speech as there were what 30-50 other reporters there trying to get a turn while Motor Mouth hogged all the available time doing whatever but it wasn’t journalism. But it was activity that is not unexpected from the likes of CNN.
Given their propensity to controlling and distorting the news and the transmission of free speech to their audiences one wonders if the lawsuit should not be refiled on behalf of the American people who might be just a bit tired of getting 20 minutes of nothing and ten minutes of distortion while they themselves suppress more free speech than anyone except maybe MSNBC.
There job is to transmit unbiased factual information to their listening or watching public a job in which they are complete failures. That part of the nationally owned system should have some one or something that will fufill their responsibilities. CNN at this point should have their license pulled for violating the free speech section of the First Amendment. .
“If Abilio Acosta wins his suit, then the President should counter to have his own show on CNN.”
Burn.
The PRESS are there to report and ask questions not editorializ. Also the PRESS are invited into the Whitehouse and need to be respectful and thankful of their surondings and of the Presidency.
CNN needs to re-think. No one in that press room has a greater constitutional right than any other American citizen to be there asking questions. It’s a gift. And Acosta abused it. Hopefully he’ll chill out and get the press pass back, but honestly there are millions of Americans who would make much better use of that press pass than he probably would.
Waste of everybody’s time.
What do we think? I think CNN deliberately used Acosta as a provocateur…for the last two years. Incidentally,Why did he always sit in front row, usually go first? I think Pres. Trump has been very patient with this provocateur. Acosta is always trying to create explosive video footage that CNN can harp on for days afterward. What a horrible travesty our so-called journalism sector has become, makes me ill. I hardly watch it anymore,
The telly is always a waste of time.
Always.
we agree again
Acosta and the President both get benefit from the other. Acosta went too far so the President clipped his wings. Acosta will be back with shorter wings to restrain him from using a karate chop.
A genuinely serious question:
If Acosta – as an individual – has a right to be there, then why would any citizen not have a right to be there and ask questions?
What makes Acosta constitutionally different from, say, me?
You’re not Enrique. You have no affirmative action privilege. You are not an “untouchable.” You’re not a beneficiary of American guilt. You’re not a hyphenate. You are a racist and bigot and you cannot be a victim of racism and bigotry.
Ben Franklin, we gave you “…a republic, if you can keep it.”
Will be thrown out shortly after being filed! Looking for attention.