Judge Sides with NY Times on Press Access to Pentagon

You may remember that last October Sec. of Defense Hegseth announced new rules for media outlets covering the military inside the Pentagon.

The rules limit where reporters can go without an official escort and convey “an unprecedented message of intimidation” for anyone in the Defense Department who might want to speak to a reporter without the approval of Hegseth’s team, the association said in a statement.

When the new policy was issued two weeks ago, news organizations were concerned that signing the rules conveyed agreement with them, including to a restriction that they not report on any news — even if unclassified — without official approval.

The Pentagon is now saying it can’t block journalists from reporting news but can revoke the credentials of reporters who ask anyone in the Defense Department for information without an official OK.

When a deadline to sign an agreement to abide by the rules came a week later, some reporters turned in their badges and walked out.

Dozens of reporters turned in access badges and exited the Pentagon on Wednesday rather than agree to government-imposed restrictions on their work, pushing journalists who cover the American military further from the seat of its power…

Many of the reporters waited to leave together at a 4 p.m. deadline set by the Defense Department to get out of the building. As the hour approached, boxes of documents lined a Pentagon corridor and reporters carried chairs, a copying machine, books and old photos to the parking lot from suddenly abandoned workspaces. Shortly after 4, about 40 to 50 journalists left together after handing in badges.

Then in December the NY Times sued the Pentagon to overturn the new rules. This afternoon a federal judge sided with the Times in that case on some of the restrictions, though the one preventing journalists from walking around without an escort seems to have survived.

U.S. District Judge Paul L. Friedman sided with the New York Times and a reporter at the newspaper, Julian E. Barnes, who sued in December, arguing the new Pentagon policy violated the First Amendment, Fifth Amendment and due process provision of the Constitution…

Friedman’s ruling halts some of the restrictions that news outlets objected the most strenuously to, including one section that suggested reporters who “solicit” classified or sensitive information from military personnel could be deemed a security risk and barred from the building. He also struck down a section that referred to Pentagon access as a “privilege” rather than a “right.” 

Some sections were left in place, including restrictions on where reporters are allowed to go in the Pentagon without an escort.

In case you were wondering, Judge Friedman was appointed by Bill Clinton.

Friedman, who was nominated to the bench by Democratic President Bill Clinton, said the policy “fails to provide fair notice of what routine, lawful journalistic practices will result in the denial, suspension, or revocation” of Pentagon press credentials. He ruled that it violates the First and Fifth amendment rights to free speech and due process.

So what happens now? Judge Friedman has given the Pentagon a week to reinstate the press passes of seven NY Times reporters but the decision basically applies to everyone. At the end of the week, the Pentagon has to write a report on its compliance with his order.

I’m sure the Trump administration, the Pentagon or maybe Sec. Hegseth are going to respond to this at some point but so far it appears they haven’t said anything. Maybe they are still deciding what to do next. If I see any big developments tonight I’ll update below.

Editor’s Note: Do you enjoy Hot Air’s conservative reporting that takes on the radical left and woke media? Support our work so that we can continue to bring you the truth.

Join Hot Air VIP and use promo code FIGHT to receive 60% off your membership.