Biden White House says it can expel reporters who don't act professionally, raising First Amendment concerns

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The Biden White House wants to revise rules for who can attend press briefings and news conferences, irking an outspoken reporter who believes the "threat against the First Amendment" will be used to shield President Biden and members of his administration from difficult questions. 

The White House informed reporters in a notice Friday that credentials, known as hard passes, will be revoked under the new rules if a journalist doesn’t act "in a professional manner," with written warnings for violators followed by suspensions and bans for repeat offenders. Today News Africa reporter Simon Ateba, who has drawn attention by sometimes shouting to press secretary Karine Jean-Pierre from the back of the briefing room, objects to the policy. 

"I think it may be used to kick out unfriendly and tough reporters. The rule will be used against people like me who have been trying hard to ask questions. It's simply a threat against the First Amendment," Ateba told Fox News Digital. 

President Joe Biden talks to reporters before boarding Marine One on the South Lawn of the White House. (AP Photo/Evan Vucci)

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Ateba also accused the White House of targeting him with the new rules. 

"The @WhiteHouse is changing the rules for press hard passes to target me," Ateba tweeted. 

"But I qualify for all those things as we just filed our taxes, are registered with the District of Columbia and have our address in DC. I studied journalism in college, received two degrees, have only worked as a journalist and trained countless people," he continued. "I also attend briefings religiously and do not have a second job. It's crazy what's going on. How can a guy come from Africa and you have to change the rules because of him?"

The White House did not immediately respond to a request for comment. 

The Washington Post noted that the rules "represent the Biden White House’s attempt to establish a code of conduct to avoid the legal jeopardy that the Trump administration ran into when it banished CNN reporter Jim Acosta and journalist Brian Karem from the White House complex in 2018 and 2019."

"It’s good to hear that the White House is looking to establish some objective standards governing White House press passes," Ted Boutrous, the lawyer who defended Acosta and Karem, told the Post. But he called the proposed rules "unduly vague."

CNN's Jim Acosta was temporarily banned from the White House in 2018 after he engaged in a contentious back-and-forth with President Trump and had brief contact with an aide who was attempting to take the microphone. (Reuters/Jonathan Ernst)

In 2018, Acosta's hard pass was suspended after a contentious back-and-forth with President Trump during a press conference. At one point, Acosta refused to concede the microphone to a White House aide and there was brief contact between the two. 

CNN filed the federal lawsuit against the Trump administration, demanding that the White House restore Acosta’s press credential. Fox News announced that it would support CNN’s effort to restore Acosta’s White House credential and filed an amicus brief with the U.S. District Court.

The Trump administration countered CNN's motion, saying Acosta "disrupted the fair and orderly administration of a press conference" when he refused to give up the microphone. However, a federal judge dismissed the Trump administration's claim and restored Acosta’s credential. 

Then-White House press secretary Sarah Sanders implemented a series of rules that governed Trump-era White House press conferences following the Acosta ordeal, including "physically surrendering the microphone to White House staff for use by the next questioner." 

Reporter Brian Karem became known during the Trump administration for his aggressive style. (Alex Wong/Getty Images)

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Like the Biden-era proposed rules, Sanders noted hard passes could be revoked if rules are not followed. 

Acosta did not respond to a request for comment regarding the new Biden administration rules. After Biden took office, Acosta was moved from the White House beat to hosting a staunchly left-wing weekend program for CNN.

Karem, who covered the Trump White House for Playboy and CNN, had his press pass restored following a Rose Garden altercation with then-White House aide Sebastian Gorka. At one point, Karem suggested they take their conversation "outside," although they were already in the Rose Garden. 

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Karem told the Washington Post that the White House "will lose" in court if it tries to banish reporters for being rude or asking questions they don't like.

Trump had previously called Karem a "loudmouth," and regularly referred to Acosta as "Fake News."