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Old 11-16-2018, 09:58 AM
 
9,254 posts, read 3,591,520 times
Reputation: 4852

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Quote:
Originally Posted by jazzarama View Post
Can you walk into a press briefing or a WH news conference ?
Read Sherrill. The Court considered, and addressed, that argument.


Quote:
Appellants argue that because the public has no right of access to the White House, and because the right of access due the press generally is no greater than that due the general public, denial of a White House press pass is violative of the first amendment only if it is based upon the content of the journalist's speech or otherwise discriminates against a class of protected speech. While we agree with appellants that arbitrary or content-based criteria for press pass issuance are prohibited under the first amendment, there exist additional first amendment considerations ignored by appellants' argument.

These considerations can perhaps be best understood by first recognizing what this case does not involve. It is not contended that standards relating to the security of the President are the sole basis upon which members of the general public may be refused entry to the White House, or that members of the public must be afforded notice and hearing concerning such refusal. The first amendment's protection of a citizen's right to obtain information concerning "the way the country is being run" does not extend to every conceivable avenue a citizen may wish to employ in pursuing this right. Nor is the discretion of the President to grant interviews or briefings with selected journalists challenged. It would certainly be unreasonable to suggest that because the President allows interviews with some bona fide journalists, he must give this opportunity to all. Finally, appellee's first amendment claim is not premised upon the assertion that the White House must open its doors to the press, conduct press conferences, or operate press facilities.

Rather, we are presented with a situation where the White House has voluntarily decided to establish press facilities for correspondents who need to report therefrom. These press facilities are perceived as being open to all bona fide Washington-based journalists, whereas most of the White House itself, and press facilities in particular, have not been made available to the general public. White House press facilities having been made publicly available as a source of information for newsmen, the protection afforded newsgathering under the first amendment guarantee of freedom of the press, see Branzburg v. Hayes, 408 U.S. 665, 681, 707, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972); Pell v. Procunier, 417 U.S. 817, 829-35, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974), requires that this access not be denied arbitrarily or for less than compelling reasons. See Southeastern Promotions v. Conrad, 420 U.S. 546, 95 S.Ct. 1239, 43 L.Ed.2d 448 (1975); Lovell v. Griffin, 303 U.S. 444, 58 S.Ct. 666, 82 L.Ed. 949 (1938). Not only newsmen and the publications for which they write, but also the public at large have an interest protected by the first amendment in assuring that restrictions on newsgathering be no more arduous than necessary, and that individual newsmen not be arbitrarily excluded from sources of information. See Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 491-92, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975); Abrams v. United States, 250 U.S. 616, 630, 40 S.Ct. 17, 63 L.Ed. 1173 (1919) (Holmes, J., dissenting); United States v. Associated Press, 52 F.Supp. 362, 372 (S.D.N.Y.1943) ("right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection") (L. Hand, J.).
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Old 11-16-2018, 09:59 AM
 
11,046 posts, read 5,277,048 times
Reputation: 5253
people calm down......this was temporary. The Judge still has to rule on the case and explain how Acosta's free speech and due process were violated which he hasn't done. Once he opens up to that the SC will overturn him.
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Old 11-16-2018, 10:00 AM
 
8,387 posts, read 4,374,196 times
Reputation: 11893
Trump has had so few press conferences, and when he does, he side tracks, mis directs, and lies so much the information is useless. I don't see where there is much value in them.
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Old 11-16-2018, 10:00 AM
 
Location: IL
1,874 posts, read 819,384 times
Reputation: 1133
Quote:
Originally Posted by usayit View Post
To be fare, Alex Jones issues are not a freedom of press related while Acosta's is.

Alex Jones was kicked off social media and such which are private entities.

Acosta was kicked off WH press conference which is an action of government.


Freedom of press/speech isn't protecting one from private individuals/entities but rather government ones.
that wasn't my point
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Old 11-16-2018, 10:00 AM
 
Location: So Cal
52,291 posts, read 52,734,263 times
Reputation: 52794
I heard that the ruling was partially based on the fact that him not following protocol that the WH has in regards to interacting with the president, that his 1st amendment rights overrides that.

Doesn't this open the door to more and more disruptions? This doesn't make sense to me, there needs to be order and protocol in how the press interacts with the president and the WH staff.

The reporters are there to "report" not have a dialog/debate.
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Old 11-16-2018, 10:02 AM
 
Location: Somewhere out there.
10,535 posts, read 6,172,858 times
Reputation: 6575
Quote:
Originally Posted by 2mares View Post
So is this setting a precedence allowing all press the blessing to conduct themselves like spoiled children. No civility, respect, procedure, Roberts rule of order?
I guess the only recourse may be to end briefings.



No it is setting a precedent that the President cannot ban people who ask questions he does not like.
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Old 11-16-2018, 10:02 AM
 
11,404 posts, read 4,091,368 times
Reputation: 7852
Expect an angry Trump to rant on Twitter today about losing to Jim Acosta

The look on Acosta's face says it all. look at that big grin! That's a winner's smile.


https://twitter.com/business/status/1063457872363888640
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Old 11-16-2018, 10:03 AM
 
Location: deafened by howls of 'racism!!!'
52,697 posts, read 34,586,907 times
Reputation: 29291
Quote:
Originally Posted by ottomobeale View Post
Silly question: Can Trump simply not call on him?
No I do not like Trump, but I am curious.
i like it. let jimmy scream and wave his hand around all he wants.

Quote:
Originally Posted by Cruithne View Post
No it is setting a precedent that the President cannot ban people who ask questions he does not like.
no one was banned
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Old 11-16-2018, 10:03 AM
 
Location: Long Island
57,321 posts, read 26,245,816 times
Reputation: 15654
Quote:
Originally Posted by 2mares View Post
So is this setting a precedence allowing all press the blessing to conduct themselves like spoiled children. No civility, respect, procedure, Roberts rule of order?
I guess the only recourse may be to end briefings.
Aside from Acosta he also insulted Peter Alexander and Alcindor at the same press conference, just last week he told a reporter "that is a stupid question". Yet here you are accusing the press of acting childish, hard to believe this is a president behaving in this manner.
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Old 11-16-2018, 10:04 AM
 
Location: Sonoran Desert
39,081 posts, read 51,259,863 times
Reputation: 28330
Once again, Trump picks a fight and loses. Losing!
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