CNN is asking the courts for an emergency hearing after the White House sent Jim Acosta a notice informing him that his press pass will be lifted permanently after the temporary injunction is over. Acosta, who has made a total a-hole of himself at multiple press conferences is fighting to keep his right to be an insufferable bore.
The previous court hearing did not settle the question of whether the First Amendment requires the White House to give specific reporters access to the White House press briefings. While they may have the right to free speech and a free press, CNN has many others who have the credentials to be present at the briefings and Acosta is not their only option.
According to CNN, the letter to Acosta was signed by White House press secretary Sarah Sanders and White House deputy chief of staff for communications Bill Shine. CNN’s lawyer’s called the letter an “attempt to provide retroactive due process.”
In a statement, CNN said: “The White House is continuing to violate the First and 5th Amendments of the Constitution. These actions threaten all journalists and news organizations. Jim and CNN will continue to report the news about the White House and the President.”
The Fifth Amendment states, in part, that “no person shall…be deprived of life, liberty, or property, without due process of law.” CNN argued that the White House violated this when they took Acosta’s hard pass. A hard pass allows a reporter to attend multiple press briefings without having to reapply for a day pass. It also makes it easier for them to go through White House security.
The Fifth Amendment case doesn’t hold water, because Acosta does not own the press pass, the White House does. They in essence lend it to members of the press. You have the First Amendment right to free speech, but you do not have the right to force people to listen to you.