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Press shouldn't celebrate too soon on Jim Acosta lawsuit
Washington Examiner ^ | November 19, 2018 | Mark Grabowski

Posted on 11/20/2018 5:37:01 AM PST by SJackson

As a journalism professor, I have mixed feelings about Friday’s federal court ruling that the White House must reinstate Jim Acosta's press credentials. Ultimately, it may prove to be a pyrrhic victory as the entire press could lose much greater access from the fallout.

To be clear, Acosta is no First Amendment hero. His antics set a bad example that makes it harder for me to teach students responsible reporting. The CNN White House correspondent has been rude and unprofessional for President Trump’s entire time in office, and purposely so, to make himself a front-page story.

Most recently, on Nov. 7, he disrupted the flow of a press conference by physically preventing a White House intern from taking the microphone so Acosta could continue berating Trump.

[Read more: Trump calls CNN's Jim Acosta 'a rude, terrible person']

It’s normal for reporters to ask hard questions and press politicians for a more in-depth answer. But using the president’s press conference to grandstand your own opinions and monopolize the mic is not.

Perhaps it should come as no surprise that a journalist doesn’t have respect for decorum when the president himself doesn’t. But using someone’s misconduct to justify your own is childish.

The bottom line is: You give up the mic when you’re asked. It wasn’t Acosta’s place to essentially say, “No, this is my mic!,” let alone put that White House intern in such an awkward spot.

It’s understandable that the White House responded by banning Acosta. Trump has tried the shaming approach ad nauseam, and if anything it’s emboldened Acosta. I doubt any sort of intermediate sanction would have gotten through to him.

But under the Fifth Amendment, the government can’t seize a person’s property without due process. Having passed the required security clearance to get a White House press badge, Acosta was entitled to be informed of the charges against him and to have the opportunity to respond before it could be revoked.

Trump supporters who decried the subversion of due process and the rule of law during Justice Brett Kavanaugh’s Supreme Court confirmation process should applaud the Acosta outcome.

But many journalists may end up ruing this ruling. Not only did U.S. District Court Judge Timothy Kelly not address whether Trump violated the First Amendment, but his ruling could inadvertently undermine press freedom.

Rather than risk future confrontations, Trump may just call on journalists who he knows will ask softball questions or avoid the press altogether. All it took was a couple of controversies with basketball teams for Trump to curtail the presidential custom of honoring champions. Press traditions could go next.

Trump has already abandoned the longstanding presidential participation in the annual White House Correspondents’ Dinner. There’s no law requiring the president to field questions from a particular reporter or to even hold a press conference. For three years, President George W. Bush froze out Helen Thomas, a legendary White House correspondent who was known to ask tough questions. Like Thomas, Acosta only has a right to be on the White House premises, not to be recognized at press conferences.

Then again, he probably wouldn’t ask any worthwhile questions even if called on.

Mark Grabowski (@ProfGrabowski) is a contributor to the Washington Examiner's Beltway Confidential blog. He is a lawyer and a journalism professor at Adelphi University in Garden City, N.Y.


TOPICS: Editorial; Politics/Elections
KEYWORDS: acosta; media; msm; trumpmedia
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They'll establish rules, reporters will follow them. Not just Acosta. If he violate them, brings his own loudspeaker in case he's not called on, he'll be gone. And to the courts where he'll lose.
1 posted on 11/20/2018 5:37:01 AM PST by SJackson
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To: SJackson

I still go with having the “journalists” submit written questions and POTUS answering them on radio/TV - after throwing out the stupid ones.
POTUS can reward any well-mannered and respectful journos of his choosing with one on one interviews, if he so wishes.
“Daily briefings’ should consist of printed handouts.


2 posted on 11/20/2018 5:42:50 AM PST by LouieFisk
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To: SJackson
But under the Fifth Amendment, the government can’t seize a person’s property without due process. Having passed the required security clearance to get a White House press badge, Acosta was entitled to be informed of the charges against him and to have the opportunity to respond before it could be revoked.

The issue I have with all of this is that the press pass belongs to the white house, not the accoster.

3 posted on 11/20/2018 5:43:12 AM PST by MortMan (Satan was merely the FIRST politician who pretended to speak for God.)
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To: SJackson

“But under the Fifth Amendment, the government can’t seize a person’s property without due process. Having passed the required security clearance to get a White House press badge, Acosta was entitled to be informed of the charges against him and to have the opportunity to respond before it could be revoked.”

What BS. All US GVT IDs I’ve worn have stated it is the property of the US GVT.


4 posted on 11/20/2018 5:43:14 AM PST by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: SJackson

Acosta has a right to freedom of speech. He has no right to be heard.


5 posted on 11/20/2018 5:43:19 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SJackson

My biggest problem with the ruling is that it takes a big step towards creating an “official” media in this country.

If Jim Acosta and CNN have the “right” to a press pass, then Alex Jones and my brother with his one man blog should have the same right.

If they don’t our black robed tyrants have just created an “official” media with privileges not enjoyed by the rest. A very, very bad thing.

Who gets to decide which media is entitled and which are not? One more bit of back-door censorship IMHO.


6 posted on 11/20/2018 5:44:06 AM PST by Buckeye McFrog
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To: SJackson
Having passed the required security clearance to get a White House press badge, Acosta was entitled to be informed of the charges against him and to have the opportunity to respond before it could be revoked.

I so totally disagree with this statement. It seems to imply that reporters (who like to call themselves "journalists") have an entitlement that goes above what the rest of us have.

7 posted on 11/20/2018 5:45:25 AM PST by jeffc (The U.S. media are our enemy)
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To: MortMan

Attending a press conference is a privilege not a right.

When you abuse it, it can be revoked. There is no constitutional requirement the President inform the press of his activities.

Its simply a courtesy for hm to do so. If the press doesn’t like it, no one is forcing them to show up at the White House.

These people didn’t endorse, campaign for or vote for Trump, He owes them nothing.


8 posted on 11/20/2018 5:49:33 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SJackson

They will keep calling on Acosta because he embarrasses CNN.


9 posted on 11/20/2018 5:52:04 AM PST by Old Retired Army Guy
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To: SJackson

“doesn’t have respect for decorum when the president himself doesn’t”

Trump can be criticized for some of what he says but he isn’t a habitual interrupter.


10 posted on 11/20/2018 5:53:41 AM PST by cymbeline
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To: where's_the_Outrage?

That’s exactly what jumped out at me as well! Even a driver’s license normally states that it’s the property of the issuing State government.


11 posted on 11/20/2018 5:55:41 AM PST by dinodino
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To: cymbeline

Trump wasn’t the one who was rude and belligerent at the presser.

That was the feral pack of thugs called the DNC organ posing as a free press.

These people aren’t nice. The contempt is mutual. Who cares?


12 posted on 11/20/2018 5:58:08 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SJackson

Acosta is that guy who acts up and gets everyone in trouble. He is the jerk that rules have to be made because he can’t control himself


13 posted on 11/20/2018 6:05:17 AM PST by Nifster (I see puppy dogs in the clouds)
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To: LouieFisk
still go with having the “journalists” submit written questions and POTUS answering them on radio/TV - after throwing out the stupid ones.

A good idea. It's up to the President. Acosta could read the answers on Saturday Night Live.

14 posted on 11/20/2018 6:05:49 AM PST by SJackson (The Constitution only gives people the right to pursue happiness. You have to catch it yourself)
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To: goldstategop
During Democratic administrations, the press are a bunch of lapdogs. For Republican Presidents, it's Daniel in the lions' den.

Jim Acosta is no Helen Thomas. Helen Thomas may have been rude and unpleasant too, but she was something of a national treasure--the only journalist to have attended press conferences for every President from George Washington to George W. Bush. (Maybe she missed William Henry Harrison--he may not have held any during his short time in office.)

15 posted on 11/20/2018 6:06:08 AM PST by Verginius Rufus
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To: SJackson
But many journalists may end up ruing this ruling.

I don't think there are any journalists any more. All I see is Leftist activists dripping with anti-Trump hatred.

16 posted on 11/20/2018 6:07:12 AM PST by 1Old Pro
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To: MortMan; where's_the_Outrage?

I think the judge felt the issue was due process. I think the ownership of the pass was in question, and presume the judge felt witholding it deprived him of property by depriving him of income. A bit of stretch imo, but establishing rules and an appeal process makes the issue moot.


17 posted on 11/20/2018 6:09:25 AM PST by SJackson (The Constitution only gives people the right to pursue happiness. You have to catch it yourself)
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To: SJackson
There’s no law requiring the president to field questions from a particular reporter or to even hold a press conference.

Bingo, we have a winner. Increase press releases. Reduce press conferences. Get more work done.

18 posted on 11/20/2018 6:10:21 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: SJackson
It wasn't a real victory for Jim. There is a procedure to take away a press pass and the Whitehouse did not follow it.

What's more important is that the judge said The President NEVER has to call on Acosta.

19 posted on 11/20/2018 6:13:55 AM PST by Sacajaweau
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To: SJackson

no, not moot.

All passes should be revoked or declared invalid

On application, new passes clearly indicating the pass is US Government property , non transferable and valid for one year

Solid red temporary passes conditional on good behavior can be issued to marginal applicants

Being rude and unruly in the past is reason enough to not be issued a new pass.


20 posted on 11/20/2018 6:19:16 AM PST by bert ((KE. N.P. N.C. +12) Invade Honduras. Provide a military government)
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