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. 56

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