Additional Coverage:
The New York Times has filed a lawsuit against the Department of Defense for the second time in five months, challenging the Pentagon’s policy that requires journalists to be escorted while on its premises. The newspaper argues that this policy infringes upon First Amendment rights by severely limiting press access to the military headquarters.
In its legal complaint, the Times describes the escort requirement as part of “a series of escalating steps designed to stop unfavorable coverage,” claiming it “dramatically curtails longstanding press access to the Pentagon” and violates both the First and Fifth Amendments.
Charlie Stadtlander, a spokesperson for the Times, told The Associated Press that the policy is “an unconstitutional attempt by the Pentagon to prevent independent reporting on military affairs.” He emphasized the public’s right to transparency, stating, “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.”
On the other side, Defense Department spokesperson Sean Parnell dismissed the lawsuit on X (formerly Twitter), saying it is “nothing more than an attempt to remove the barriers to them getting their hands on classified information.” Parnell defended the policy as a lawful measure specifically designed to protect sensitive national security information, noting that reporters do not enjoy unescorted access to any other federal buildings.
This latest lawsuit marks a continuation of mounting tensions between the U.S. media and the Biden administration’s Department of Defense. The Times initially sued the Pentagon in December over a previous set of reporting restrictions introduced by Defense Secretary Pete Hegseth last fall.
That earlier policy had required reporters to agree to strict conditions to maintain access, including provisions that labeled journalists who sought sensitive information from military personnel as potential security risks. Many major news organizations, such as CBS News, ABC News, NBC News, CNN, and Fox News, refused to sign the agreement and consequently lost Pentagon access.
In March, U.S. District Judge Paul L.
Friedman struck down parts of the earlier policy, ruling that it violated the rights of the Times and reporter Julian Barnes. Following that decision, the Pentagon implemented a new rule barring reporters from entering the building unless accompanied by a government escort.
Although the judge ruled this interim policy violated his previous order, the escort rule stayed in place after an appeals court temporarily suspended parts of Friedman’s ruling during ongoing appeals.
Now, the Times and Barnes have filed this new lawsuit in the District of Columbia, seeking a direct judicial ruling on the constitutionality of the escort requirement. The filing argues that the Pentagon’s restrictions effectively aim to “close the Pentagon to any journalist or news organization unwilling to report only what Department officials approve,” a claim the Times calls “patently unconstitutional.”
The Pentagon continues to reject accusations that it seeks to control or censor reporting, maintaining that its primary goal is preventing unauthorized disclosure of classified information. The legal battle over press access to the Pentagon remains unresolved as the appeals process moves forward.