We occasionally will present and contrast viewpoints that differ in insight. From time to time we will feature them here
-Source1-The Atlantic-
Why Jim Acosta Got His Pass Back
A judge suggested that it’s unconstitutional to revoke a reporter’s press pass without providing a reason. The books have undoubtedly been taken down from the shelves of Island Trees High School and Island Trees Junior High: well-thumbed copies of popular 1960s books including The Fixer by Bernard Malamud and Soul on Ice by Eldred Cleaver, they were probably sold long ago to a used-book outlet.
But they (or rather the empty spaces on library shelves they left) stand for a principle that is important to reaffirm in the dispute between the White House and CNN. The first round of that dispute was resolved Friday, when Judge Timothy Kelly granted the network a temporary restraining order requiring the White House to restore correspondent Jim Acosta’s “hard pass” to cover White House events.
The judge, an appointee of President Trump, made the order with some hints of reluctance, telling the courtroom that “I want to emphasize the very limited nature of this ruling. I have not determined that the First Amendment was violated here.” Instead, he ruled that CNN had shown the likelihood that the procedures used by the White House violated the Fifth Amendment, which binds the federal government not to deprive any “person . . . of life, liberty, or property, without due process of law. ”Read more
-Source2- American Thinker-
Acosta Has No Constitutional Right to a White House Pass
If you wanted a constitutional crisis, folks, federal judge Thomas Kelly has given us one with the issuance of a temporary restraining order requiring the Trump White House to reinstate CNN’s petulant Jim Acosta’s press pass giving him access to the building in which President Trump resides and leads the Free World.
Revoking Acosta’s press pass did not threaten the First Amendment rights of either CNN or Acosta. CNN is free to broadcast what it wants and report on anything it wants and Acosta is free to do the same. The funny thing about freedom of speech and freedom of the press is that while both freedoms are constitutionally guaranteed, the Constitution does not guarantee a right to a particular forum. There is no more right for Jim Acosta to have White House credentials than there is to have White House press conferences at all:
In court on Wednesday, Justice Department lawyer James Burnham argued that the Trump White House has the legal right to kick out any reporter at any time for any reason -- a position that is a dramatic break from decades of tradition.While responding to a hypothetical from Kelly, Burnham said that it would be perfectly legal for the White House to revoke a journalist's press pass if it didn't agree with their reporting. "As a matter of law... yes," he said. The White House Correspondents' Association -- which represents reporters from scores of different outlets -- said the government's stance is "wrong" and "dangerous." Read more