Opinion

OPINION: Acosta Struggles To Understand The First Amendment

Shaun McCutcheon Plaintiff, McCutcheon v. FEC
Font Size:

If someone begins remarks with the words, “I want to challenge you on something” they are not posing a question, they are attempting to start an argument. The intention to “challenge” shows an indifference to seeking information, and that the instigator has an opinion designed to put the other on the defensive.

These are the exact words that began the dialogue between CNN journalist Abilio James “Jim” Acosta and President Trump at a press conference last week. The heated exchange led to Acosta’s literal refusal to surrender the microphone to a White House intern. Following the unacceptable incident, the White House announced the suspension of Acosta’s White House “hard pass” press credential.

Despite the punishment, CNN continues to employ several journalists with access to the White House and associated briefings. Further, Acosta retains the rights to apply for temporary access (a day pass) to the White House. There is nothing that prevents him from contacting the press office or even the president himself for questions. In fact, Acosta followed the president to Paris last week, tweeting in a selfie that stated, in part, “We are on the ground for Trump’s trip to France.”

Acosta has not been “banned” from the White House as some have conveyed to make the situation more sensational than it really is and/or to support the frivolous lawsuit CNN has filed in the matter.

However, it has become evident that Acosta (and the network he represents) is uninterested in posing questions and instead, wants to create a hostile exchange and use these opportunities to grandstand and create news where the correspondents themselves become part of the story.

While journalism is the only profession (other than clergy) guaranteed by the First Amendment it does not give journalists the right to misuse their professional obligations for a personal or political agenda.

The CNN lawsuit and defenders of Acosta demonstrate a fundamental misunderstanding of how press freedom works. Freedom of the press means the media can report anything (good or bad) about our government, candidates for office, and leaders without any repercussions. These actions, while commonplace in the United States, can get people killed in countries like Saudi Arabia or Russia.

However, with our freedoms, come responsibility to exercise them appropriately.

Reporters in the United States have great access and leeway in how they report. Yet, despite the freedom journalists are given, there is no guarantee or entitlement that they will receive any special attention from or even access to the President or any other official. That is a privilege that can be granted or removed similarly to a parent taking their teenager’s license to drive.

Elected or appointed officials have zero obligation to talk to journalists or engage with the press formally — but they will probably lose their next election if they don’t. A free press has the right to ask questions, and officials have every right to answer in the way they please. There is no obligation for any official or spokesperson to engage in a debate or argument or provide special access. They have every right to shut down a line of questioning or refuse to engage all together.

If desired, President Trump could kick CNN off the White House property at any time he wants. In my opinion he should do it more often, so we’ll end up with a better set of reporters at the White House. The current crop wants to be the story instead of reporting on the real news and success stories that have been generated over the past two years.

Stories about lower taxes, less regulation, record employment, trade victories, and wage growth are rare — despite being more newsworthy than the childish disruptions that have given Acosta (and many others in the White House press corps) a reputation for creating misleading and fake, news.

There is no shortage of news outlets and reporters who would love to be at the White House reporting the news fairly. With more qualified reporters, eager to report the news, the misbehavers at CNN will be further drowned out and ignored. As long Trump keeps his message clear, and his rallies, standing room only — he can continue to take his message directly to the people without a media filter.

The lawsuit filed by CNN claims that Acosta was attempting to pose a question to President Trump. The transcript and the video tell a different story. The correspondent was, as he has many other times, attempted to debate or challenge White House officials by behaving in an openly hostile and combative way.

The parties exercising their rights responsibly are the president and the White House team. Hopefully, the judges who hear CNN’s case — if it even gets that far — will provide a lesson to these journalists about their obligations under the First Amendment. Surely, they will not tolerate Acosta’s disruptive and irresponsible shenanigans in their courtroom.

Shaun McCutcheon is the successful plaintiff in the 2014 Supreme Court case McCutcheon v. FEC and an Alabama-based electrical engineer.


The views and opinions expressed in this commentary are those of the author and do not reflect the official position of The Daily Caller.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel