Sorry but the 1st amendment trumps the civil rights act. As long as a statement is true or opinion and not inciting immediate violence it is legal to make it.
Obama and Holder are trying to 'make a deal' with the press that only 'licensed journalists' will have first amendment rights. Journalists, in their short sighted best interest will choose to believe this horror will 'knocks out' the competition. But of course it doesn't... we were never competitors - just citizens telling the side they weren't willing to tell... I digress...
Of course in a few years the Washington Post boys will discover that only the most compliant among them will receive a license... and that in fact the free press - by this one agreement - will be dead... but that;s further down the road.