I don't know who will win in court over Jim Acosta's press pass, but I'm pretty tired in general of lawyers fractally parsing our laws into incomprehensible gibberish. "Legal analysts" quoted by the media are predicting that CNN will win the lawsuit, but it's pretty obvious they shouldn't. The First Amendment says:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
It's obvious that no individual person has a right to a press pass to the White House. Jim Acosta is free to continue writing and saying whatever he wants. He has no right to have access to the President, either at the White House or anywhere else. If I applied for a White House press pass I'd be denied, and no one would be up in arms about it. Jim Acosta has no more rights than you or I do.
What's more, his employer, CNN, has dozens of press passes for its employees. To the extent that the First Amendment should be understood to protect corporations, CNN has plenty of alternatives to Jim Acosta. Even if you think CNN has a right to access the White House (which would be absurd) there's no reason they have to send Jim Acosta.
President Trump is obviously correct to assert that he is under no obligation to let any journalists into the White House.
Donald Trump sought Wednesday to land a massive blow in his long-fought battle against the news media, with administration lawyers asserting in court that the president could bar "all reporters" from the White House complex for any reason he sees fit.The sweeping claim, which came in the first public hearing over CNN's lawsuit to restore correspondent Jim Acosta's White House credentials, could have a dramatic impact on news organizations' access to government officials if it is upheld in court.
Politico's characterization is dramatic and overwrought. Public officials don't talk to reporters because they're forced to by the Constitution, or merely because the reporters have physical access to a certain location. They talk to reporters when they want to. The relationship between a president and the journalists who cover him really depends on the whims of the president. Here's some data on the number of press conferences held by recent presidents:
By president: Total / average per month:Obama - 163 / 1.72
George W. Bush - 210 / 2.18
Bill Clinton - 193 / 2.01
George H. W. Bush - 137 / 2.85
Reagan - 46 / 0.48
Carter- 59 / 1.23
Ford - 40 / 1.36
Nixon - 39 /0.59
Lyndon B. Johnson - 135 /2.18
JFK - 65 /1.91
Eisenhower - 193 /2.01
Truman - 324 / 3.48
Franklin Roosevelt - 1,020/ 7.0
Hoover - 268 / 5.58
Coolidge - 407 / 6.07
President Trump talks more than any past president -- directly to citizens via Twitter even if not to the media. He's under no Constitutional obligation to talk to anyone.