Putting potential political motivations for the administration’s actions aside, it appears this is a clear case of the government attempting to make irrelevant distinctions between who is and isn’t a legitimate journalist. Much of the world’s best journalism stems from stolen information, and if the government is allowed to violate the First Amendment in this case a lot of investigative journalism could be unconstitutionally criminalized.
This case has nothing to do with the First Amendment because Project Veritas isn’t in the business of journalism. As its recently resigned CEO — who had to take over when O’Keefe stepped down in the face of a criminal investigation — can attest, the organization is a mess that could face further inquiries over criminal activity. It’s not worth it for First Amendment groups to back Project Veritas or for the courts to protect the organization.