5 hours ago
A federal judge has blocked the Department of Defense's policy regulating how journalists access the Pentagon, ruling that it violates the First and Fifth Amendments of the US Constitution.
District Judge Paul L. Friedman ruled in favor of The New York Times, which sued the department after it imposed strict controls limiting the information reporters could gather and publish from the Pentagon.
Many major media outletsâincluding CBS News, ABC News, NBC News, CNN, Fox News, and BBC Newsârefused to sign the policy and consequently had their access revoked.
The ruling halts parts of the policy but leaves some restrictions in place. The Pentagon stated it disagrees with the ruling and plans to appeal.
Implemented in October, the policy required Pentagon reporters to sign a document agreeing that any information gathered must be approved before release, even if unclassified.
Reporters who did not sign were barred from daily access to the building. After most major outlets declined, the Pentagon press corps became dominated by conservative media, such as One America News Network, which agreed to the terms.
Judge Friedman struck down a restriction that allowed barring reporters who "solicit" sensitive information over security concerns.
"To state the obvious, obtaining and attempting to obtain information is what journalists do," Friedman wrote.
"Under the Policy's terms, essential journalistic practicesâsuch as asking questions of Department employeesâcould lead the Department to determine a journalist poses a security or safety risk," the ruling continued.
He described the policy as "vague," failing to provide reasonable clarity on what constitutes a violation.
Friedman also blocked the policy's language stating that access to the Pentagon is a "privilege" rather than a "right," emphasizing that access cannot be denied "unreasonably or on the basis of viewpoint."
However, the judge did not strike down the requirement that reporters be escorted in certain parts of the building.
In response, Pentagon spokesman Sean Parnell wrote on X: "We disagree with the decision and are pursuing an immediate appeal."
When the policy was enacted, the Pentagon argued it aimed to protect national security and prevent unauthorized leaks by defense employees. It maintained that the policy does not require journalists to clear stories with the military.
The Pentagon Press Association (PPA), representing defense reporters, had argued the policy would prevent journalists from speaking with sources without government permission, according to CBS News.
Following the ruling, the PPA issued a statement celebrating the decision and called for the "immediate reinstatement of the credentials of all PPA members."
