The White House gives the finger to the First Amendment. Again. But this time the First Amendment is about to punch back.

The White House responded to CNN’s lawsuit seeking the restoration of Jim Acosta’s press credentials by basically saying that there is no first amendment right to the White House even by bona fide journalists who have done nothing wrong and that they can pull press credentials whenever they want, for whatever reason.

First Amendment lawyers suggest this is bullshit:

In the lawsuit, CNN and Acosta advance two main arguments for restoring his credentials. First, they say the White House revoked the reporter’s pass because of his coverage and viewpoint, and not for any of its other stated reasons. Second, they say the White House failed to follow the prescribed process for withdrawing a reporter’s pass, as set out by a 1977 case in which Robert Sherrill, a reporter for The Nation, sued the Secret Service because it denied him access to the White House complex.

The D.C. Circuit Court of Appeals ruled in Sherrill’s favor, declaring that the Secret Service must have a legitimate reason for barring a reporter and cannot do it “arbitrarily or for less than compelling reasons.”

To ensure that such reasons existed in the future, the court laid out a series of steps that administrations must go through — including giving reporters written notice and a chance to present their own argument — before denying a press pass.

In the complaint filed Tuesday, CNN and Acosta said that they were given no warning of or chance to reply to the decision to pull his pass.

Lawyers with some experience in these sorts of First Amendment issues also point out that the White House’s excuses for why they pulled Acosta’s credentials keep shifting which will not help them in court. “‘I can’t think of anything that is likely to lead to a victory for the White House,’ famed First Amendment lawyer Floyd Abrams said.”

Oh, and did I mention that conservative lawyer Ted Olson, who had rebuffed Trump’s repeated attempts to hire him onto his personal legal team, is representing CNN?

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Good luck, assholes!

Sure, the ACLU, the Radio Television Digital News Association, the Reporters Committee for Freedom of the Press, the White House Correspondents Association, and the National Association of Hispanic Journalists all think Jim Acosta’s press credentials should be reinstated, but Fox News also plans to file an amicus brief backing up CNN in this particularly stupid fight. (This doesn’t mean the on-air personalities have stopped attacking Acosta, though.) Fox News is joining NBC News, The NY Times, The Washington Post, Bloomberg News, AP, Politico, First Look Media, USA Today and others. It’s not the first time Fox News and CNN have had each other’s backs: back in 2009, the Obama White House tried to ice out Fox News, and CNN, among others, came to the network’s defense.

Here’s a refresher on the long tangled relationship between Jeff Zucker and Donald Trump.

Vanity Fair calls the whole Trump v. Acosta fight a cynical spectacle that benefits both sides. And I can see their point — sorta: Jim Acosta has become a household name thanks to Donald Trump and Huckabee Sanders singling him out as some kind of media supervillain. But what is Acosta supposed to do, not ask President of the United States difficult questions or push back when he says something categorically untrue? The fact is Donald Trump is gonna Donald Trump, and because he is IMPROBABLY the President of the United States, the media is going to cover him Donald Trumping. Acosta and other journalists have an obligation to cover the story the best way they can, and the rest of the media has an obligation to not label a journalist pushing back on a wannabe autocrat a “grandstander.”

First Fox News is defending Jim Acosta against Sarah Huckabee Sanders and now Tucker Carlson is agreeing with Alexandria Ocasio-Cortez? THOSE MIDTERMS REALLY DID SHAKE THINGS UP.

In Other TV News

David Nutter, the director of some of the final Game of Thrones episodes, participated in a Reddit AMA yesterday, and the biggest reveal is that all of the episodes will probably be longer than 60 minutes. He also said: “As far as season 8 compared to the Red Wedding I just have to tell you – hang onto your seat cause it’s going to be special.” And he’s the man who directed the Red Wedding, so I guess expect ERRRRRRRRRYONE to die. ERRRRRRRRRYONE.

Meanwhile, you can place a bet on who will sit on the Iron Throne. For some reason Bran is the heavy favorite? YOU GUYS, IT’S NOT GOING TO BE BRAN.

ACK THERE WAS A MINI PARTY DOWN REUNION AND I WASN’T THERE FOR IT. I was there for the reunion that happened in Austin a few years back and that was terrific. By the by, Megan Mullally is SO PRETTY in person and Adam Scott is super cute.

The Disney Channels’ Andi Mack is going to tackle gun safety in a special two-part episode. This feels particularly relevant here in Houston where one of our high schools has lost three students in two separate gun violence instances in less than a week.

That time Rob Zombie directed an episode of CSI: Miami.

The Trumps won’t be attending the Kennedy Center Honors again and everyone is like, “THANK GOD.”

While the Bachelor Mansion was only minimally damaged in the California wildfires this weekend, it’s getting armed security to prevent looting. Because who wouldn’t want some chlamydia-covered sheets of their own, amirite?

After last week’s It’s Always Sunny episode, Frank has earned a secret shrine. I get it, I get it:

I’m sorry, there were Alaskan Bush People Christmas specials in the past?

FX would really like SCOTUS to not take up that Olivia De Havilland case please and thank you.

Farmer Teeth has reached a plea deal in that case where he hit and killed a tractor driver.

Congratulations, Arie and that one blond lady!

Dave Chappelle photobombed a couple’s engagement photos, yay!

View this post on Instagram

So, I was shooting this engagement session at a brewery tonight and this dude photobombed us… idk, you may have heard of him. Dave something?? LOL NO FOR REAL GUYS! THE Dave Chappelle photobombed our shoot. I’m going to have to quit photography now because how will I ever beat this? I just can’t 🤷🏻‍♀️ HUGE shoutout to the man himself. He was so nice and genuinely made our day. I think it’s safe to say Emily + Tommy have the coolest engagement photos EVER. Is anyone else DYING over this? Because I am 😆 . . . . . . . . . . . . #buzzfeed #cosmopolitan #news #popculture #celebritiesnews #dirtybootsandmessyhair #authenticlovemag #elopementlove #heywildweddings #engagementshoot #ohio #davechappelle #celebrityphotobomb #photobomb #funnymoments #ohiophotographer #daytonphotographer #cincishooters #justalittleloveinspo #ohioweddingphotographer #californiaphotographer #enews #news #destinationweddingphotographer #adventurouslovestories #theknot #abc #nbc

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Sex Monster News

Monica Lewinsky participated in a documentary about the Clinton fiasco. Here she explains that decision. “What would happen if one woman told the truth about her life? The world would split open.” — Muriel Rukeyser

Paz de la Huerta has sued Harvey Weinstein for sexual assault.

Bill Cosby will be back in court in October of next year to face a civil trial brought by a woman he assaulted at the Playboy Mansion when she was a minor in 1974.

An executive at Victoria’s Secret said some shitty things about why they don’t include plus size or transgender models and everyone was so mad and he had to say he was sorry but I don’t think he’s really sorry.

This is an interesting article about how Larry Nassar was able to get away with sexually abusing so many young women for so long. Basically, it was a toxic combination of complete medical bullshit and the medical community coming to his defense when the women questioned what he was doing.

Renewals

  • Explained has been renewed for a second season on Netflix.

Cancellations

  • The Good Cop has been canceled after one season on Netflix. I guess it was just too hard for people to suspend belief enough to buy Josh Groban and TONY DANZA as being related in any way.

In Development

  • Wild Cards, a series by George R.R. Martin, is being turned into two series for Hulu. There are 27 books in the series so far and yet it is taking this guy 7 years to write one damn book. COME ON, GEORGE.
  • Rhythm and Flow, a hip hop competition with Cardi B, Chance the Rapper, and T.I. as judges, is coming to Netflix.
  • Everybody Loves Somebody, a bilingual romantic comedy, has been greenlit at Amazon.
  • Red Stick, a crime drama, is in development at NBC.
  • Dad vs. Father, a family comedy, is being developed at CBS.
  • EastWillyB, a comedy, is in development at ABC.
  • 1899 is the next Netflix project from the creators of Dark.
  • The Boy Who Harnessed the Wind is coming to Netflix.
  • Black Hammer is being developed into a series. Or a movie. Or both.

Casting News

Mark Your Calendars

  • Dumplin‘ will debut on Netflix on December 7.

 

WATCH THIS

American Horror Story: Apocalypse: “Apocalypse Then” is the season finale. I am doing everything I can to catch up with this show before the finale, hold your breath for me. 9 p.m., FX

The Real Housewives of Dallas: “Growers and Showers.” That’s all I know.  9 p.m., Bravo

The Real Housewives of New Jersey: Dolores hosts a hatchet throwing party which just seems like a VERY GOOD IDEA. 8 p.m., Bravo

Origin: This Lost in space series stars a couple of Harry Potter alums and is produced by among others Jeff Pinker, a Lost and Fringe producer and what I’m saying is that this might be the series to convince me to subscribe to YouTube — maybe over Thanksgiving week I’ll binge it. YouTube

The 52nd CMA Awards: Brad Paisley and Carrie Underwood host the awards ceremony. 7 p.m., ABC

NOVA: A look at the Thai cave rescue. 8 p.m., PBS

Late Night: Tonight Show Starring Jimmy Fallon: Michael Shannon, Tig Notaro, the Struts, Kesha Late Night with Seth Meyers: Stanley Tucci, Pale Waves, Caitlin Kalafus The Late Show with Stephen Colbert: Ricky Gervais, Bianna Golodryga, Chef Flynn McGarry The Late Late Show with James Corden: Melissa McCarthy, Richard E. Grant, Ian Karmel Jimmy Kimmel Live: Emily Blunt, Taron Egerton, Kane Brown The Daily Show: Maurice Ashley Watch What Happens Live: Margaret Josephs, Bridget Everett

WEDS. 7:00 7:30 8:00 8:30 9:00 9:30
ABC The 52nd Country Music Awards
(live)
CBS Survivor
(new)
SEAL Team
(new)
Criminal Minds
(new)
CW Riverdale
(new)
All American
(new)
Local
FOX Empire
(new)
Star
(new)
News/Local
NBC Chicago Med
(repeat)
Chicago Fire
(new)
Chicago P.D.
(new)

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