The White House can’t suspend a journalist’s press pass over an altercation with a former Trump aide in the White House Rose Garden, a three-judge federal appeals court ruled Friday.
The judges of the Court of Appeals for the D.C. Circuit ruled unanimously that the White House shouldn’t have suspended the pass for Playboy correspondent Brian Karem, who got into an argument with former Trump aide Sebastian Gorka after a presidential event for conservative digital journalists.
Judge David Tatel, a Clinton appointee, wrote in the opinion that although Mr. Karem’s “irreverent, caustic attempts at humor” may have crossed the line in the White House’s view, “those transgressions were at least arguably similar to previous journalistic misbehavior that elicited no punishment at all, let alone a month’s exile.”
“In the context of a White House press corps described as an ’unruly mob,’ Karem’s behavior was not so outrageous as to bring into fair contemplation the unprecedented sanction visited on him,” Judge Tatel wrote.
He was joined in the opinion by Chief Judge Sri Srinivasan and Judge Cornelia Pillard, both Obama appointees.
Then-White House press secretary Stephanie Grisham suspended Mr. Karem’s press pass for a month for violating decorum, after his argument with Mr. Gorka in which, the White House said, the reporter suggested to Mr. Gorka that they continue their argument outside. Mr. Karem has said he did not intend it as a threat.
“We are very grateful for the powerful opinion from the D.C. Circuit and are proud to stand with Brian Karem against an administration that regularly demeans and seeks to chill freedom of the press,” said Theodore Boutrous, lawyer for Mr. Karem. “Particularly today where journalists are facing attacks from all directions across the country, this case should let journalists know that the courts will not tolerate these unconstitutional actions.”
White House Correspondents Association President Jonathan Karl said the ruling “affirmed what we all know — the work of journalists reporting from the White House is essential to our republic.”
“The WHCA stands ready to fend off efforts by any administration to constrain the rights of journalists or to threaten our ability to do exercise our First Amendment rights,” he said.
• Dave Boyer can be reached at dboyer@washingtontimes.com.
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