New York Times Files Lawsuit Challenging Pentagon Press Rules
By Helen Coster
On Dec. 4, The New York Times filed a lawsuit in the U.S. District Court for the District of Columbia seeking to block a new Department of Defense press policy it says is unlawfully restrictive. The suit names the Department of Defense, Secretary of Defense Pete Hegseth and the Pentagon’s chief spokesperson, Sean Parnell.
The policy, implemented last month, requires credentialed journalists to acknowledge that they could be deemed security risks and have their Pentagon press badges revoked if they ask department employees to disclose classified information or certain types of unclassified information. Historically, badge-holding reporters have been limited to unclassified spaces inside the Pentagon and have worked in close proximity to the press office after passing background checks.
Times Alleges First and Fifth Amendment Violations
In its complaint, The Times argues the policy infringes on reporters' rights to free speech and due process and warns that, if allowed to stand, the rule will "deprive the public of vital information about the United States military and its leadership." New York Times spokesperson Charlie Stadtlander said the policy is an attempt to control reporting the government dislikes and violates the press’s constitutional protections.
New York Times reporter Julian Barnes is listed as a co-plaintiff. Representatives for the Pentagon and the White House did not immediately respond to requests for comment.
Media Exodus and A New Pentagon Press Corps
At least 30 news organizations — including Reuters, The Washington Post and Fox News — chose to surrender their Pentagon press badges rather than sign the new agreement, saying it threatened press freedom and independent reporting from the headquarters of the U.S. military.
Following that exodus, the Pentagon assembled a new press corps made up largely of outlets and personalities seen as supportive of former President Trump. Members include activist Laura Loomer; LindellTV, a digital site founded by Mike Lindell; and James O’Keefe, founder of Project Veritas and head of O’Keefe Media Group.
At the group's first briefing, Pentagon Press Secretary Kingsley Wilson criticized mainstream outlets, saying, "The American people don't trust these propagandists because they stopped telling the truth."
Legal Context: Related AP Case
The Times’ lawsuit follows a related dispute in which the Associated Press sued the White House in February after being restricted from some press events over its continued use of the established name "Gulf of Mexico" rather than the administration's preferred term. A federal judge granted the AP a preliminary injunction in April, but the D.C. Circuit paused that order in June while it considered the appeal.
The Pentagon policy itself acknowledges that receiving or publishing sensitive information "is generally protected by the First Amendment," but adds that "soliciting the disclosure of such information may weigh in the consideration of whether you pose a security or safety risk." The Times contends that language gives officials improper discretion to punish routine newsgathering.
Reporting by Helen Coster; editing by Paul Thomasch and Gareth Jones.
