Federal Judge Reverses Pentagon Press Restrictions
The Trump administration violated the Constitution when it sought to restrict press access to the Pentagon and limit what reporters could cover, a federal judge ruled Friday.
U.S. District Judge Paul Friedman granted a request from The New York Times to void the Pentagon’s press credential policy on grounds it violated the First and Fifth Amendment, rejecting the government’s argument that the restrictions were needed to prevent the disclosure of classified information.
“The Court recognizes that national security must be protected, the security of our troops must be protected, and war plans must be protected,” Friedman wrote. “But especially in light of the country’s recent incursion into Venezuela and its ongoing war with Iran, it is more important than ever that the public have access to information from a variety of perspectives about what its government is doing.”
The ruling, which comes as journalists around the world seek information about the war in Iran, rolls back a highly aggressive attack on press freedom implemented last year by Defense Secretary Pete Hegseth, a former Fox News host who has had a strained relationship with the media.
"Americans deserve visibility into how their government is being run, and the actions the military is taking in their name and with their tax dollars," said Charlie Stadtlander, a spokesperson for The New York Times. "Today’s ruling reaffirms the right of The Times and other independent media to continue to ask questions on the public’s behalf.”
Last January, the Defense Department removed Pentagon workspaces for several credentialed outlets, including POLITICO, CNN and the Times and granted access to organizations considered more friendly to the administration. In May, Hegseth announced additional restrictions on areas open to the media within the Pentagon shortly after he inadvertently shared sensitive information about U.S. airstrikes in Yemen on a Signal group chat that included Jeffrey Goldberg, editor in chief of The Atlantic.
The Pentagon’s most prohibitive measure came in September, when the department said it would only credential reporters if they pledged not to publish information that was not approved for public release by the Pentagon. Nearly every major news outlet refused to make that commitment.
Friedman said the policy violated the First Amendment because “the undisputed evidence reflects the Policy’s true purpose and practical effect: to weed out disfavored journalists.”
The White House did not immediately respond to a request for comment.
An attorney representing the paper hailed the decision as a “powerful rejection” of the Trump administration’s attempt to “impede freedom of the press” by restricting Julian Barnes, a reporter covering the Pentagon for the paper.
“The district court’s opinion is not just a win for The Times, Mr. Barnes, and other journalists, but most importantly, for the American people who benefit from their coverage of the Pentagon,” said Theodore Boutrous Jr.
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