1st Amendment Tag

Jim Acosta and CNN were granted a Temporary Restraining Order on Friday, November 16, 2018, restoring Acosta's White House "hard pass," to allow him privileged access to the White House grounds for press briefings and other events, pending further court action. The White House promptly announced that it would promulgate rules governing press conduct and discipline, to address the court's concern that Acosta was not afforded due process.

On Friday, November 16, 2018, the federal District Court in D.C. granted a temporary restraining order compelling the White House to reinstate CNN's Jim Acosta's "hard pass," that gives him privileged access to the White House for press briefings and events. As described in our coverage of the decision, there is no written opinion or transcript as of now that can be reviewed to understand the precise parameters and reasoning of the judge. As of this writing, we only have media reports as to the judge's stated reasons.

Judge Timothy J. Kelly, a Trump appointee, has just ruled on the motion of Jim Acosta and CNN for a temporary restraining order restoring Acosta's White House “hard pass”. Based on reports from reporters in the media room, it appears that the Judge ruled that while the White House doesn't have to allow any reporters into the White House, by setting up a credentialing process it owes people like Acosta due process, and that it confers a First Amendment interest entitled to protection. The Court appears to have ruled that Acosta's First Amendment rights supercede the White House interest in orderly press conferences, and that Acosta was not given due process in the revocation process.

"Bad facts make bad law" is a common saying. What that means is that bad facts in a specific case can create legal precedent that is damaging to others, not just the bad actor in the case. Nowhere is that more clear than in the pending motion by Jim Acosta and CNN, publicly supported by over a dozen major media outlets, requesting a Temporary Restraining Order and Preliminary Injunction forcing the White House to restore Acosta's press "hard pass." The court is scheduled to rule Friday, November 16, at 10 a.m.

UPDATE: The Judge has postponed the decision from 3 p.m. Thursday to 10 a.m. Friday. A federal District Court Judge in D.C., Timothy Kelly, heard two hours of argument today on the motion for a temporary restraining order requested by CNN and Jim Acosta regarding his White House "hard pass". The hard pass was revoked after an incident on November 7, 2018, when Acosta refused to yield the microphone when Trump wanted to move on to other reporters. Acosta physically blocked a White House intern from retrieving the microphone.

On November 13, 2008, CNN and Jim Acosta filed in federal court in D.C. for a temporary restraining order and preliminary injunction seeking a court order overruling the White House decision to revoke Acosta's "hard pass" -- the press pass that provides Acosta with "regular and unescorted access to the White House and White House briefings.”