“Defendants initially claimed that they revoked Acosta’s press pass because he ‘plac[ed] his hands” on an intern. That contention is not accurate. The President himself has stated that the Acosta’s conduct was not “overly horrible” and that Acosta’s credentials were actually suspended because he failed to “treat the White House with respect'”.
“The sole justification for Defendants’ conduct is their dislike for Plaintiffs’ coverage of the administration and critique of the President. But that is insufficient to justify such a substantial restriction on Plaintiffs’ First Amendment rights”.
“Defendants did not provide Plaintiffs an opportunity to be heard before revoking Acosta’s press credentials. Nor have they provided him any avenue to challenge or appeal the revocation of his credentials. Rather, Defendants have stated that they do not plan to ever rescind the revocation of Acosta’s credentials”.