November 13, 2018 6:35AM PT
WASHINGTON — CNN has filed suit against the Trump administration demanding that the White House reinstate Jim Acosta’s credentials, which were revoked last week following a contentious press conference.“The wrongful revocation of these credentials violates CNN and Acosta’s First Amendment rights of freedom of the press, and their Fifth Amendment rights to due process,” CNN said in a statement.“We have asked this court for an immediate restraining order requiring the pass be returned to Jim, and will seek permanent relief as part of this process,” the network said. “While the suit is specific to CNN and Acosta, this could have happened to anyone. If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials.”A White House spokeswoman did not immediately respond to a request for comment.
CNN hired Ted Boutrous and Ted Olson of Gibson Dunn to represent them in the lawsuit. Boutrous has pointed to a 1977 D.C. Circuit decision in Sherrill v Knight, in which the court ruled that when it came to bonafide journalists covering the White House, “access not be denied arbitrarily or for less than compelling reasons,” including the content of their coverage.
“The White House punished Mr. Acosta and CNN for the contents of their reporting,” Boutrous said. “The law is clear that this violates the First Amendment and Due Process Clause of the Constitution. The arbitrary revocation of Mr Acosta’s press credentials is causing irreparable injury each and every day because it is stopping him from reporting on news from the White House. That is why we are seeking emergency relief and asking that his credentials be restored immediately.”
The White House Correspondents Association, which represents the press corps, signaled their support for CNN’s action.
Olivier Knox, the president of the association, said that “revoking access to the White House complex amounted to disproportionate reaction to the events of last Wednesday. We continue to urge the administration to reverse course and fully reinstate CNN’s correspondent.
“The President of the United States should not be in the business of arbitrarily picking the men and women who cover him.”
The administration pulled Acosta’s hard pass, which allowed him to enter and exit the White House grounds without an escort, on Wednesday evening. They claimed that Acosta was “placing his hands” on a White House intern who sought to take a microphone away from him as he persisted in asking a followup question to President Trump. Acosta called such a claim a “lie,” and video of the incident shows that one of his hands inadvertently touched her arm as she attempted to get the microphone and he held on to it to continue to speak to Trump.
via Variety https://ift.tt/2z6AYYx
CNN ACOSTA -Complaint by Pete Santilli on Scribd