“The court’s going to come out wrong on this,” he told host Greta Van Susteren. “The court’s going to rule against Trump, because it always has. But the court’s going to be wrong under the First Amendment.
Dershowitz — who previously worked on Trump’s 2020 impeachment legal team —explained why he believed Trump is correct a moment earlier, saying the Constitution allows the president to determine access to who covers him at the White House. If the court takes that away from the president, Dershowitz said it would open the floodgates and allow any press “rag” to lobby for White House access. He said that would be absurd — and lead to a lot of chaos.
He said:
If the court rules in favor of CNN, then if The Daily Worker comes in, or Al-Jazeera, or some fascist newspaper comes in — all of which are protected by the First Amendment — and they say, “How dare you allow CNN, but not allow The Daily Worker?‘ they’re going to win! Because the First Amendment doesn’t distinguish between mainstream media and peripheral media. E
ither the White House has the ability to decide who comes into the press room, or it doesn’t. It can’t favor CNN over The Daily Worker, or some other rag which is Constitutionally protected. The Constitution doesn’t know the difference between mainstream and small.