CABLE NEWS NETWORK, INC. et al v. TRUMP et al
ENTERED IN ERROR.....Memorandum in opposition to re 4 MOTION for Preliminary Injunction, 2 MOTION for Temporary Restraining Order Amicus Curiae Brief in Opposition filed by One America News Network. (Fein, Bruce) Modified on 11/18/2018 (znmw).
Case 1:18-cv-02610-TJK Document 19 Filed 11/15/18 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CABLE NEWS NETWORK, INC. and ABILIO
DONALD J. TRUMP, in his official capacity as
President of the United States; JOHN F. KELLY, in
his official capacity as Chief of Staff to the President :
of the United States; WILLIAM SHINE, in his
official capacity as Deputy Chief of Staff to the
President of the United States; SARAH
HUCKABEE SANDERS, in her official capacity as
Press Secretary to the President of the United States; :
the UNITED STATES SECRET SERVICE;
RANDOLPH ALLES, in his official capacity as
Director of the United States Secret Service; and
JOHN DOE, Secret Service Agent, in his official
BRIEF OF ONE AMERICA NEWS NETWORK AS AMICUS CURIAE OPPOSING
PLAINTIFFS’ MOTIONS FOR A TEMPORARY RESTRAINING ORDER AND
INTEREST OF AMICUS CURIAE
Amicus curiae One America News Network (“OAN”), is a 24/7 national cable news network
owned and operated by Herring Networks, Inc., a California corporation. One America News
Network reports daily from the White House and generally attends all briefings available to White
House press. OAN has an assigned seat in the White House briefing room and the network’s Chief
White House Correspondent has traveled to Singapore and Europe to provide live coverage of the
President of the United States during key international meetings. One America News Network
provides daily live reporting from the White House using multiple reporters and staff videographers.
One America News Network is passionate and adamantly supportive of an unfettered free
press. This is a very simple issue. The repeated, unprofessional conduct by one specific reporter,
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Case 1:18-cv-02610-TJK Document 19 Filed 11/15/18 Page 2 of 3
namely CNN’s Chief White House Correspondent, Plaintiff Jim Acosta, has hindered our free press
from functioning effectively during White House briefings. Mr. Acosta has a long history of
interrupting White House briefings with his disruptive behavior.
Plaintiff Acosta’s history of
interruptions, unnecessary and excessive consumption of time with his grandstanding, and
obstructive conduct toward his colleagues should have been addressed by CNN and the WHCA some
time ago. When a reporter is hindering other White House Correspondents, his employer and the
WHCA should take reasonable action to prevent such disruptive behavior. Mr. Acosta’s behavior
in failing to yield to fellow journalists when asked by the President of the United States was no
surprise to anyone. It was typical of a pattern of behavior exhibited by Plaintiff Acosta who seems
to think his comments are more important than other journalists in the room. The video of Mr.
Acosta’s unprofessional, aggressive behavior is clear, and the President’s words were right on point,
Mr. Acosta was nothing short of “rude” and disrespectful. Plaintiff Acosta was rude to his fellow
reporters, disrespectful to the President of the United States, and disruptive to our fundamental
principle of a free functioning press. CNN has numerous professional and capable reporters. The
actions taken by the White House are reasonable and justified to maintain an environment for press
to function unhindered and reflect steps which should have been taken long ago by CNN.
Additionally, Plaintiff Acosta does not have a protectible First Amendment interest or right
in the context of this dispute. As set forth above and is otherwise obvious, apparent and subject to
judicial notice, Mr. Acosta’s continual interruptions, unnecessary and excessive consumption of time
with narratives of his personal beliefs and viewpoints and otherwise self-serving and obstructive
conduct toward his colleagues, the White House and the press briefing process evinces a singular
motive and desire to be heard and have his views broadcast. While this narcissistic approach may
serve Plaintiffs’ self-interests as entertainers or media figures and the network that profits therefrom,
they do not serve the interests of the forum or the other participants in the White House briefing
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Case 1:18-cv-02610-TJK Document 19 Filed 11/15/18 Page 3 of 3
process and are not constitutionally protected. Simply put, Plaintiff Acosta has no constitutional right
to appear on television and broadcast his viewpoints on behalf of Plaintiff CNN under the
circumstances presented in this case and Plaintiff Acosta’s exclusion from participation by this nonpublic forum is reasonable. See Arkansas Educ. Television Com’n v. Forbes, 523 U.S. 666 (1998).
For all of these reasons, One America News Network requests that the Court deny Plaintiffs
CNN and Acosta the relief that each seeks and uphold the reasonable actions by the Defendants and
the Administration to restore reasonable conduct during White House press briefings.
Respectfully submitted his 15th day of November 2018.
s/ W. Bruce DelValle
W. Bruce DelValle, Esquire
Bruce Fein, Esquire
Fein & DelValle PLLC
300 New Jersey Avenue NW, Suite 900
Washington, D.C. 20001
Counsel for Amicus Curiae One America News
CERTIFICATE OF SERVICE
I hereby certify that on November 15, 2018, I electronically filed the foregoing Amicus
Curiae Brief of One America News Network, in Opposition to Plaintiffs’ Motions for a Temporary
Restraining Order and Preliminary Injunction in Case No: 18-CV-02610-TJK, with the Clerk of the
U.S. District Court for the District of Columbia by using the CM/ECF system, which will serve all
registered CM/ECF users.
/s/ W. Bruce DelValle
W. Bruce DelValle, Bar No: 1520906
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