CNN, POLITICO, and MS NOW---Why Does Anybody Have To Talk to Them?

          In September, the Trump White House kicked CNN, MS NOW, and Politico out of the press pool and revoked their credentials to cover the White House.  They immediately got Federal district judge Timothy Kelly to issue a temporary restoration of their “rights” to access.  A more permanent ruling is expected soon.

         In their joint statement three weeks ago, the news outlets said they filed suit “to protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes.”  They further claim their “liberty and property interests” have been taken away. The odds are they will win, not least of all because Judge Kelly has made a habit of ruling against Trump.

         The reasoning of the news outlets, however, is distinctly contrary to accepted free-speech principles.  Forcing Trump, or anyone else, to communicate with news companies is a perversion of the First Amendment.

         The claim is that the news companies are being punished by the government for their speech, but what is the punishment?  They have always been permitted to say what they wish and they still can, whether they are in the physical White House or not.  And as a matter of legal entitlement, CNN doesn’t have any more right to be in the White House than I do.  There is no statutorily-protected category of “professional journalist.”  Their rights to be in the White House are exactly the same as mine---zero.

         The “free speech” claim is actually rather perverse.  The media companies cannot be arguing they are being silenced because they are not.  They are arguing that the courts must force Trump to speak to them.  However, if there is one First Amendment doctrine with which we are all familiar, it is that no one can be required to say anything.  Kids cannot be forced to say the Pledge of Allegiance.  Baseball fans cannot be forced to stand for the national anthem.  And Trump cannot be forced to talk to Kaitlan Collins.

         In fact, the attempt to regulate communication between politicians and the press is not only anti-speech, but also a-historical.  Politicians usually have rules about whom they will speak to.  Joe Biden and Barack Obama would never talk to Fox News.  In fact, Biden would go for months without talking to anyone in the press.  And when is the last time Nancy Pelosi was interviewed by Mark Levin?  Politicians routinely make judgments on which journalists are fair, or which journalists share their views, and nobody gets sued.  Why must Trump be treated differently?

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