White House Claims in Court Filing That Press Coverage of Trump Is a ‘Privilege,’ Not a Right

Por Julia Conley — Common Dreams

At an emergency hearing scheduled for Wednesday afternoon, a federal judge appointed by President Donald Trump is set to hear three media outlets’ request for a temporary restraining order blocking the administration’s denial of press access to the White House—and is likely to hear from government lawyers the “dangerous” argument officials have made to defend the ban on news coverage.

“Access to the White House is a privilege—not a right,” government lawyers wrote in a court filing on Tuesday evening, in response to a lawsuit filed by CNN, MS NOW, and Politico after journalists with the three outlets had their press passes confiscated by White House officials and were denied access to the government building.

The administration claimed in the filing that the decision to block reporters from covering the president at the White House was “lawful under the First Amendment” because Trump “has ‘compelling interest[s]’ in enforcing minimum standards for bona fide journalists and safeguarding national security information.”

The president had concluded that CNN, MS NOW, and Politico had failed to “maintain basic minimum ‘standards of professionalism and decorum expected of those given access to the White House Complex, including’ by ‘publishing sensitive or classified information,” reads the filing.

Letters attached to the filing cite specific news stories in which the outlets were accused of endangering national security, including CNN’s reporting on “‘top-secret’ construction details related to the East Wing bunker” that is part of Trump’s $400 million ballroom. MS NOW was accused of endangering national security when it reported in June that “a source said that President Trump ‘underestimated the willingness of Iran to resume conflict.’”

The news outlet MeidasTouch said the arguments made in the filing were “deeply embarrassing and un-American.”

“The Trump regime is afraid of the American people learning the realities of the failed war in Iran and Trump’s disastrous presidency,” said MeidasTouch.

While claiming CNN, MS NOW, and Politico have threatened national security with their reporting, Trump also said last week when he first announced he was planning to ban the outlets that they “shouldn’t be able to constantly write or report FICTION and LIES.”

Legal expert and political commentator Harry Litman called on US District Judge Timothy Kelly, who was nominated in 2017 by Trump and who in 2018 rejected the president’s attempt to bar then-CNN reporter Jim Acosta from the White House grounds, to grant the outlets the restraining order.

“When an administration punishes the outlets that scrutinize it, it is dismantling a safeguard,” wrote Litman on Substack. “The state is perfectly free to express its own preferences (though limits come in—as we’ve found honored in the breach—with false speech by government). But it can’t use the machinery of the state to punish the people who hold the view it dislikes. It’s the difference between persuasion, which is fine, and coercion, which is a fundamental abuse of government power, the classic tactic of authoritarian government.”

“In sum, viewpoint discrimination is forbidden because it betrays an illegitimate government motive and because it uses the coercive power of the state to suppress speech that a free society depends on to keep government honest,” he wrote.

In the lawsuit the three news organizations filed on Monday, they argued that the ban “brazenly discriminates based on editorial viewpoint,” and violates their First Amendment rights as well as their right to due process, as they were not permitted to contest the ban when their reporters were blocked from entering the White House on Saturday.

“The idea that fundamental rights are a ‘privilege’ granted at the whim of the king is dangerous,” said former US Attorney Joyce White Vance, who is now a law professor and MS NOW legal analyst. “This is about the First Amendment, not White House access.”

Fonte: Common Dreams