be investigated without a complaint filed by the party concerned, and therefore, the president
or his representative must have filed a complaint. Criticism arose as a result, but the case was
put to rest when the president’s spokesperson stated that the president had ordered the
withdrawal. At that time, the Blue House explained that it accepted the assertion that the
president, who runs the country under the mandate of the people, should be able to endure
insulting expressions.
The incident in which a CNN reporter who had a war of words with President Donald
Trump on Nov. 7, 2018 at the White House was banned from the White House is also
mentioned.141) At that time, the White House collected the reporter's entrance pass for
reasons, such as rudeness, but the American media criticized that the reporter's coverage
permit should not be used as a weapon.142) CNN immediately filed a preliminary injunction
against the White House's action to retrieve reporters' passes, and the federal district court in
DC ordered the return of the pass during the lawsuit, by pointing out that the White House
cannot restrict freedom of speech without proper legal procedures, such as prior notice,
opportunity to raise objections, and a written notice of decision. The case eventually ended
when the White House returned the pass to the reporter and CNN withdrew the lawsuit.
C) Freedom of Expression as the Basis of a Democratic Society
The Constitutional Court has stated that the exercise of public power that restricts freedom
of political expression in cases such as the blacklist in the culture and arts world is contrary
to the fundamental principle of the Constitution, the principle of popular sovereignty and the
basic order of free democracy by unilaterally excluding opposing views or criticisms of the
government from state support just for having critical views, rather than responding with
reasonable publicity and persuasion.
Article 21(1) of the Constitution stipulates that “All citizens shall enjoy freedom of speech
and the press, and freedom of assembly and association,” and stipulates freedom of
expression collectively with freedom of speech, press, assembly, and association. Article 19
of the UN ICCPR also stipulates that “everyone shall have the right to freedom of expression
141) Yonhap News, Free press need not be an angel, Nov. 20, 2022.
142) KBS, Backfire on the White House for Banning CNN, Nov. 15, 2018.
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