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Jim Acosta of CNN asked President Trump a question. Trump ordered him to put the mike down, and a young intern tried to take it off him. Acosta's press pass was subsequently revoked.

Let's assume the for the sake of argument that the White House justification (he "laid hands" on the intern) is false and Acosta's pass was revoked because he insisted on asking a question that the President didn't want asked. AIUIAs I understand it, in a lawsuit those would be questions of fact to be determined by the court. I'm asking about the law.

This question looks at a closely related incident when Trump barred selected media outlets from presidential press conferences. The consensus in that case was the White House has wide discretion in deciding who to admit to press briefings, and hence allowing one newspaper rather than another is not a violation. However a comment to that answer noted that:

viewpoint-based restrictions on privileges extended by the government are not permissible [...]

Does banning a reporter in response to an unwelcome question constitute a "viewpoint-based restriction"? If so, is this a violation of the 1st Amendment?

Jim Acosta of CNN asked President Trump a question. Trump ordered him to put the mike down, and a young intern tried to take it off him. Acosta's press pass was subsequently revoked.

Let's assume the for the sake of argument that the White House justification (he "laid hands" on the intern) is false and Acosta's pass was revoked because he insisted on asking a question that the President didn't want asked. AIUI in a lawsuit those would be questions of fact to be determined by the court. I'm asking about the law.

This question looks at a closely related incident when Trump barred selected media outlets from presidential press conferences. The consensus in that case was the White House has wide discretion in deciding who to admit to press briefings, and hence allowing one newspaper rather than another is not a violation. However a comment to that answer noted that:

viewpoint-based restrictions on privileges extended by the government are not permissible [...]

Does banning a reporter in response to an unwelcome question constitute a "viewpoint-based restriction"? If so, is this a violation of the 1st Amendment?

Jim Acosta of CNN asked President Trump a question. Trump ordered him to put the mike down, and a young intern tried to take it off him. Acosta's press pass was subsequently revoked.

Let's assume the for the sake of argument that the White House justification (he "laid hands" on the intern) is false and Acosta's pass was revoked because he insisted on asking a question that the President didn't want asked. As I understand it, in a lawsuit those would be questions of fact to be determined by the court. I'm asking about the law.

This question looks at a closely related incident when Trump barred selected media outlets from presidential press conferences. The consensus in that case was the White House has wide discretion in deciding who to admit to press briefings, and hence allowing one newspaper rather than another is not a violation. However a comment to that answer noted that:

viewpoint-based restrictions on privileges extended by the government are not permissible [...]

Does banning a reporter in response to an unwelcome question constitute a "viewpoint-based restriction"? If so, is this a violation of the 1st Amendment?

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Paul Johnson
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Is the removal of Jim Acosta's White House press pass a violation of the 1st Amendment?

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Paul Johnson
  • 14k
  • 2
  • 39
  • 62

Is the removal of Jim Acosta's press pass a violation of the 1st Amendment?

Jim Acosta of CNN asked President Trump a question. Trump ordered him to put the mike down, and a young intern tried to take it off him. Acosta's press pass was subsequently revoked.

Let's assume the for the sake of argument that the White House justification (he "laid hands" on the intern) is false and Acosta's pass was revoked because he insisted on asking a question that the President didn't want asked. AIUI in a lawsuit those would be questions of fact to be determined by the court. I'm asking about the law.

This question looks at a closely related incident when Trump barred selected media outlets from presidential press conferences. The consensus in that case was the White House has wide discretion in deciding who to admit to press briefings, and hence allowing one newspaper rather than another is not a violation. However a comment to that answer noted that:

viewpoint-based restrictions on privileges extended by the government are not permissible [...]

Does banning a reporter in response to an unwelcome question constitute a "viewpoint-based restriction"? If so, is this a violation of the 1st Amendment?