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» More General Categories » Religion and Politics » Judge orders WH to temporarily reinstate Acosta's pass
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post 1566391371 11-16-2018, 10:30 AM
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Originally Posted By miscinbro
This really shouldn’t be that hard to understand
You'd be surprised. Had a lady bemoaning stop signs and why they don't belong on roads in California.
Originally Posted By TaeBoNinja
By this logic, no "journalist" should ever be denied.
Have to prove you're a journalist too - not everyone is the 'the press.'

And, yes that can be proven as shown in Shoen v. Shoen, which invoked the von Bulow test.
post 1566391431 11-16-2018, 10:31 AM
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Originally Posted By beowulf10
Jonathan Peters, a media law professor at the University of Georgia, told CNN. "Relevant precedent says that a journalist has a First Amendment right of access to places closed to the public but open generally to the press. That includes press rooms and news conferences. In those places, if access is generally inclusive of the press, then access can't be denied arbitrarily or absent compelling reasons. And the reasons that the White House gave were wholly unconvincing and uncompelling."

https://www.cnn.com/2018/11/13/media...ump/index.html
Ok but what he is saying is ANY reporter than should have access to the white house press conference's. And if they don't get access, then that is a violation of the First.

Which is total BS.
post 1566391451 11-16-2018, 10:31 AM
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Originally Posted By bezarker


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post 1566391511 11-16-2018, 10:31 AM
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Originally Posted By miscinbro
Correct, a TRO was issued, apparently, based on first and fifth amendment grounds.
He'll wind up getting the boot. 5th amendment? He wasnt thrown in jail for his behavior. 1st amendment? CNN still has access and Acoata can still has the freedome to say and write what he wants.
post 1566391641 11-16-2018, 10:33 AM
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Originally Posted By deepfat
Where does due process come into having a wh press pass? How does the 5th amendment apply to something as small as this?
The judge asked the WH lawyers why it was revoked and who gave the call, they couldn't answer that question.

The law shouldn't apply to people more or less based on how individuals like them, similarly Trump shouldn't be able to effectively hobble members of the press in their ability to report based on a whim which they can't even give a reason for. As I said before, if you allowed Acosta to be kicked out without reason (and to be clear the WH lawyers could not give a reason in a court room) and the precedent is set that it's acceptable, then what is to stop a President from constantly removing people they dislike?
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post 1566391711 11-16-2018, 10:33 AM
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Originally Posted By 7rmr
Lol, no it doesn't. It just says the White House cannot arbitrarily revoke a reporter's pass simply because they don't like the reporter's questions.
Can you even read? I thought you are a lawyer ?
post 1566391941 11-16-2018, 10:35 AM
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Originally Posted By tng83
He'll wind up getting the boot. 5th amendment? He wasnt thrown in jail for his behavior. 1st amendment? CNN still has access and Acoata can still has the freedome to say and write what he wants.
The fifth isn’t just about crimes and a strong argument can be made he had his pass removed because of his politics. There’s like a 30+ page thread here about it, I’ll bet almost anything we can go there and find Trumpers galore praising trump for shutting up cnn/liberals, etc.
post 1566391981 11-16-2018, 10:35 AM
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Originally Posted By wesleysh21
The 1st amendment was not addressed...at all. Even CNN said that. Once the new rules are put into effect and someone gets their press pass revoked, THEN you will have a 1st amendment case.
One of the reasons why Due Process is important is that it protects individuals from having their rights violated by the Government.

The idea is that before you infringe on someone's individual rights you have to have a really good reason for it, and the process for making such important decisions has to be fair and open.

CNN's standing in the case and the potential harm the Judge was trying to defend against by immediately ordering the WH to reinstate Acosta's press pass, was about a potential harm to Acosta's First Amendment rights.

Due Process is an important fundamental set of rights, but the reason why it is important is that it is way to get from A to B. It's a means to an end. It's not just an end in and of itself.

It's a practical set of guidelines that allow our society to make important decisions while also respecting each individual's rights, in this case Acosta's First Amendment rights.
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post 1566392231 11-16-2018, 10:38 AM
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Originally Posted By shmobin
Let him in and don't ever hand him the microphone. What's the big effing deal??
this. the guy is chitshow. other reporters are actually trying to do their job.
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post 1566392291 11-16-2018, 10:39 AM
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Originally Posted By miscinbro
The fifth isn’t just about crimes and a strong argument can be made he had his pass removed because of his politics. There’s like a 30+ page thread here about it, I’ll bet almost anything we can go there and find Trumpers galore praising trump for shutting up cnn/liberals, etc.
Cope harder bich, I've read most of these pages and don't remember seeing any of that chit. Everyone is praising the move because Acosta is a disruptive childish man-baby that shows no respect, lacks basic decorum and professionalism not only towards the WH and the potus but also to his fellow reporters/journalists. Only reason leftists care is cause it's another chance to show up Trump, if the roles were reversed and it was a Fox reporter being this kunty in Obama's WH they'd be all for his removal.
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post 1566392301 11-16-2018, 10:39 AM
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Originally Posted By OptimistPrime11
Ok but what he is saying is ANY reporter than should have access to the white house press conference's. And if they don't get access, then that is a violation of the First.

Which is total BS.


How can you not grasp that; Giving something to someone and then removing it is not the same as saying everyone is allowed to have it.

No-one has at any point in this decision said Acosta has a constitutional right to be given access to the WH, it states that when he is given access as a member of the press then that access cannot then be revoked without any reason given and due process must be followed.

It's staggering that people have trouble with what appears to be very basic logic and reasoning...
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post 1566392361 11-16-2018, 10:40 AM
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Originally Posted By miscinbro
The fifth isn’t just about crimes and a strong argument can be made he had his pass removed because of his politics. There’s like a 30+ page thread here about it, I’ll bet almost anything we can go there and find Trumpers galore praising trump for shutting up cnn/liberals, etc.
A supposed unbiased reporter in the WH press pool shouldn't be spouting off his politics during a press conference. I think we can all agree on that.
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post 1566392481 11-16-2018, 10:41 AM
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Originally Posted By TaeBoNinja
By this logic, no "journalist" should ever be denied.
So a compelling reason would be something like, "We can't fit all the journalists into one room."

Or, there could be security concerns like Acosta keeps beating interns over the head with a microphone.

That's why the WH tried to ban Acosta using doctored footage.
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post 1566392561 11-16-2018, 10:42 AM
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Originally Posted By beowulf10
One of the reasons why Due Process is important is that it protects individuals from having their rights violated by the Government.

The idea is that before you infringe on someone's individual rights you have to have a really good reason for it, and the process for making such important decisions has to be fair and open.

CNN's standing in the case and the potential harm the Judge was trying to defend against by immediately ordering the WH to reinstate Acosta's press pass, was about a potential harm to Acosta's First Amendment rights.

Due Process is an important fundamental set of rights, but the reason why it is important is that it is way to get from A to B. It's a means to an end. It's not just an end in and of itself.

It's a practical set of guidelines that allow our society to make important decisions while also respecting each individual's rights, in this case Acosta's First Amendment rights.
It's a joke argument. Acosta's 1st amendment rights aren't being affected at all. He's able to speak all he wants on CNN, but his conduct got him booted from the WH.

People should be worried by the power of the press these days. Both left & right. They can willfully lie, defame, and propagandize to the public without any kind of check. Biggest reason why this country is so divided is 90% due to the MSM.
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post 1566392721 11-16-2018, 10:44 AM
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Originally Posted By beowulf10
One of the reasons why Due Process is important is that it protects individuals from having their rights violated by the Government.

The idea is that before you infringe on someone's individual rights you have to have a really good reason for it, and the process for making such important decisions has to be fair and open.

CNN's standing in the case and the potential harm the Judge was trying to defend against by immediately ordering the WH to reinstate Acosta's press pass, was about a potential harm to Acosta's First Amendment rights.

Due Process is an important fundamental set of rights, but the reason why it is important is that it is way to get from A to B. It's a means to an end. It's not just an end in and of itself.

It's a practical set of guidelines that allow our society to make important decisions while also respecting each individual's rights, in this case Acosta's First Amendment rights.
the 1st amendment was NOT a part of this ruling. The judge specifically said he is not ruling on the 1st amendment portion of the case, only procedure. And since there is no procedure in place, he says the WH needs to come up with one.

From Judge Kelly in his ruling..."I have not determined the First Amendment was violated here."
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post 1566392771 11-16-2018, 10:44 AM
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#106
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Originally Posted By beowulf10
So a compelling reason would be something like, "We can't fit all the journalists into one room."

Or, there could be security concerns like Acosta keeps beating interns over the head with a microphone.

That's why the WH tried to ban Acosta using doctored footage.
No. No.

You judge the content not the format.

Anyone can "appear" with a press hat.
post 1566392851 11-16-2018, 10:45 AM
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Originally Posted By beowulf10
Jonathan Peters, a media law professor at the University of Georgia, told CNN. "Relevant precedent says that a journalist has a First Amendment right of access to places closed to the public but open generally to the press. That includes press rooms and news conferences. In those places, if access is generally inclusive of the press, then access can't be denied arbitrarily or absent compelling reasons. And the reasons that the White House gave were wholly unconvincing and uncompelling."

https://www.cnn.com/2018/11/13/media...ump/index.html
This means that every self-identified journalist has a right to go to WH press conference? Can’t wait for Alex Jones to pay a visit and kick Cuck-costas ass (and after he does that you can’t remove Alex without “muh 5th Amendment due process” lmao)
post 1566392951 11-16-2018, 10:45 AM
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Originally Posted By TrueTruth
This means that every self-identified journalist has a right to go to WH press conference? Can’t wait for Alex Jones to pay a visit and kick Cuck-costas ass (and after he does that you can’t remove Alex without “muh 5th Amendment due process” lmao)
Nope.

Content not format.
post 1566393081 11-16-2018, 10:47 AM
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strong knowledge and law-fact analysis on acosta fact-pattern and 1st amendment ITT

and by strong i mean weak and ****.
post 1566393211 11-16-2018, 10:47 AM
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Trump is like that geeky kid with autism that gets bullied all day, every day. He's getting smacked around by Jim Acosta now.
post 1566393321 11-16-2018, 10:48 AM
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Originally Posted By Reflexez


How can you not grasp that; Giving something to someone and then removing it is not the same as saying everyone is allowed to have it.

No-one has at any point in this decision said Acosta has a constitutional right to be given access to the WH, it states that when he is given access as a member of the press then that access cannot then be revoked without any reason given and due process must be followed.

It's staggering that people have trouble with what appears to be very basic logic and reasoning...
Yeah but then if they decided to not let him in from the very outset you'd all be yelling and screaming about it anyway, citing that case that beowulf-cel keeps bringing up where a press ******* was denied credentials from the outset.
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post 1566393491 11-16-2018, 10:50 AM
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Originally Posted By beowulf10
That's why the WH tried to ban Acosta using doctored footage.
If you had a case, you wouldn't resort to bull**** lies. It makes you look incompetent and weak when you resort to that nonsense.
post 1566393521 11-16-2018, 10:50 AM
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Originally Posted By Reflexez


How can you not grasp that; Giving something to someone and then removing it is not the same as saying everyone is allowed to have it.

No-one has at any point in this decision said Acosta has a constitutional right to be given access to the WH, it states that when he is given access as a member of the press then that access cannot then be revoked without any reason given and due process must be followed.

It's staggering that people have trouble with what appears to be very basic logic and reasoning...
I agree that once access is granted....there has to be a written guidelines to remove that access.

But that isn't what the man said.
post 1566393791 11-16-2018, 10:52 AM
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Originally Posted By TaeBoNinja
why this country is so divided is 90% due to the MSM.
Totally agree. And don't forget who the MSM's masters are.....globalists who use the MSM as their pawns.

Thing is, I really don't think the country is that divided. I live in S Cal and everyone I know could give a **** what color you are or what color you are politically.

But if you read the news or watch social media? All hell is breaking loose.
post 1566394031 11-16-2018, 10:55 AM
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#115
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This guy basically breaks it down correctly.

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post 1566394051 11-16-2018, 10:55 AM
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#116
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Originally Posted By iifymbro
Yeah but then if they decided to not let him in from the very outset you'd all be yelling and screaming about it anyway, citing that case that beowulf-cel keeps bringing up where a press ******* was denied credentials from the outset.
You mean like the Conservatives do about how Obama tried to ban FOX?

I assume there is a process in place to decide who can attend these press meetings, I assume that process has something in place to stop something like a liberal POTUS only inviting CNN and other or a conservative POTUS from only inviting FOX and others, while having a criteria on how the organisation qualifies so you can't just have any random person claim they've made a news network and are "press".

Again, I don't understand why people are against their own constitution (that's a lie, I do, it's because people ignore shyt and become hypocrites when it's convenient), if it states due process needs to be followed then where's the issue? The WH puts in place due process and should it happen again the person is out on their ass, this should also give them a chance to make guidelines which will actually stop people screaming for answers and hogging airtime, which you'd think would be a win for the American public?
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post 1566394461 11-16-2018, 11:00 AM
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Originally Posted By deepfat
This guy basically breaks it down correctly.

Yep he nails it.

I watch him all the time. A little quirky (might have been a satanist haha) but a super smart guy. He should be a political advisor for someone, or on TV as a commentator.
post 1566394651 11-16-2018, 11:02 AM
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Originally Posted By OptimistPrime11
Yep he nails it.

I watch him all the time. A little quirky (might have been a satanist haha) but a super smart guy. He should be a political advisor for someone, or on TV as a commentator.
Dude has 300K subscribers on youtube. I find him pretty interesting and I like how pragmatic he is.
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post 1566394771 11-16-2018, 11:03 AM
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Originally Posted By Reflexez
You mean like the Conservatives do about how Obama tried to ban FOX?

I assume there is a process in place to decide who can attend these press meetings, I assume that process has something in place to stop something like a liberal POTUS only inviting CNN and other or a conservative POTUS from only inviting FOX and others, while having a criteria on how the organisation qualifies so you can't just have any random person claim they've made a news network and are "press".

Again, I don't understand why people are against their own constitution (that's a lie, I do, it's because people ignore shyt and become hypocrites when it's convenient), if it states due process needs to be followed then where's the issue? The WH puts in place due process and should it happen again the person is out on their ass, this should also give them a chance to make guidelines which will actually stop people screaming for answers and hogging airtime, which you'd think would be a win for the American public?
Obama tried to ban Fox because he disagreed with their politics. Not because any specific reporter was being an azz like Acosta.

Big difference.

If Trump wanted to he could just ignore Acosta or ban CNN totally. He doesn't. He probably likes sparring with reporters who disagree with him knowing his ego.

But Acosta was going way too far.
post 1566395021 11-16-2018, 11:06 AM
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Hypothetical: When Acosta comes back, and let's say that SHS and/or Trump just ignores the guy, can he then still claim that his 1st amendment rights are being violated? Basically have a judge dictate that they have to take his questions?
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