Trump-appointed judge: Get CNN’s Jim Acosta back in the White House; The Washington Post, November 16, 2018

Erik Wemple, The Washington Post; Trump-appointed judge: Get CNN’s Jim Acosta back in the White House


"In a Friday morning court session, Judge Timothy Kelly of the U.S. District Court for the District of Columbia lent his thinking to the matter, which resulted in the granting of CNN’s request for the TRO — meaning that Acosta’s press pass will be reinstated, though just “temporarily,” according to a statement from Sanders. In his discussion of the TRO request, Kelly considered the likelihood that CNN would prevail in its arguments that the hard-pass revocation violated due-process considerations. Likely, Kelly ruled. Wednesday’s oral arguments and the judge’s explanation centered on the 1977 case Sherrill v. Knight, in which a “court found that denial of White House credentials was a sufficiently grave infringement on the freedom of the press that it couldn’t just be done by fiat.” In his own summation, Kelly said that Sherrill stands for the proposition that the “Fifth Amendment’s due process clause protects a reporter’s First Amendment liberty interest in a White House press pass.”"