A judge suggested that it’s unconstitutional to revoke a reporter’s press pass without providing a reason.
The books have undoubtedly been taken down from the shelves of Island Trees High School and Island Trees Junior High: well-thumbed copies of popular 1960s books including The Fixer by Bernard Malamud and Soul on Ice by Eldred Cleaver, they were probably sold long ago to a used-book outlet.
But they (or rather the empty spaces on library shelves they left) stand for a principle that is important to reaffirm in the dispute between the White House and CNN. The first round of that dispute was resolved Friday, when Judge Timothy Kelly granted the network a temporary restraining order requiring the White House to restore correspondent Jim Acosta’s “hard pass” to cover White House events.
The judge, an appointee of President Trump, made the order with some hints of reluctance, telling the courtroom that “I want to emphasize the very limited nature of this ruling. I have not determined that the First Amendment was violated here.” Instead, he ruled that CNN had shown the likelihood that the procedures used by the White House violated the Fifth Amendment, which binds the federal government not to deprive any “person . . . of life, liberty, or property, without due process of law.” The granting of the TRO indicates that the judge thinks CNN will likely win after a full hearing; but it doesn’t tell us whether that likely victory would be purely on procedure, or also on the important First Amendment questions raised by the case. (As of 5 p.m., Judge Kelly had not issued a written opinion and order.)