Additional Coverage:
- New York Times sues Pentagon over its new press policy, says it violates First and Fifth Amendment rights (foxnews.com)
New York Times Sues Department of War Over Pentagon Press Access Policy
Washington D.C. – The New York Times has filed a lawsuit against the Department of War, challenging a new policy that restricts journalists’ access to the Pentagon. The lawsuit, filed Thursday in the U.S. District Court in Washington, D.C., alleges that the policy violates the First and Fifth Amendment rights of the press.
The legal action names The New York Times and its intelligence reporter Julian Barnes as plaintiffs, with the Department of War, Secretary of War Pete Hegseth, and chief Pentagon spokesman Sean Parnell listed as defendants.
According to the lawsuit, the Times claims the Pentagon’s new policy grants officials “standardless discretion” to revoke press badges without due process, based on what the Times describes as “incurably vague language” regarding newsgathering practices. The newspaper also alleges viewpoint discrimination, citing instances where reporters and outlets known to support President Donald Trump were granted access to a press briefing after signing the Pentagon’s pledge, while others were barred.
The policy, implemented in October, has faced widespread criticism from numerous news organizations. It requires journalists to adhere to specific newsgathering terms, which many outlets, including The New York Times, have refused to sign, arguing that the terms are overly restrictive and infringe upon journalistic independence.
The lawsuit references previous court rulings, including Sherrill v. Knight (1972), which established due process requirements for press credentials, and Karem v. Trump (2020), where a reporter’s White House press credentials were restored after a court ruled his due process rights had been violated.
In its filing, the Times states, “The policy-which vests Department officials with unbridled discretion to immediately suspend and ultimately revoke a reporter’s PFAC for engaging in lawful newsgathering, both on and off Pentagon grounds, or for reporting any information Department officials have not approved-is neither reasonable nor viewpoint-neutral.” The suit further asserts that the policy “marks a radical departure from longstanding tradition, violates the Due Process Clause and the First Amendment, and is inflicting irreparable harm on The Times and its reporters, including Barnes, and on the American public.”
Charlie Stadtlander, a spokesperson for The New York Times, emphasized the importance of a free press in a democracy. “The policy is an attempt to exert control over reporting the government dislikes, in violation of a free press’ right to seek information under their First and Fifth Amendment rights protected by the Constitution. The Times intends to vigorously defend against the violation of these rights, just as we have long done throughout administrations opposed to scrutiny and accountability.”
While the Times is currently pursuing the lawsuit independently, a senior attorney indicated that discussions had taken place with other news organizations about a potential joint lawsuit, and the newspaper welcomes additional legal challenges.
Lawyers for the Times stated that they decided to move forward with the lawsuit following a Pentagon press briefing on Tuesday, the first since the policy was enacted. During the briefing, Pentagon press secretary Kingsley Wilson reportedly referred to news outlets that were pushed out as “propagandists” who “stopped telling the truth.” A senior attorney on the case described these remarks as “potent evidence of viewpoint discrimination, content discrimination that violates the First Amendment.”
The Pentagon Press Association has publicly praised the Times’ lawsuit, stating that the War Department’s policy “is antithetical to a free and independent press and prohibited by the First Amendment.”
In a joint statement issued when the policy was first implemented, ABC News, CBS News, CNN, FOX News Media, and NBC News collectively stated, “[W]e join virtually every other news organization in declining to agree to the Pentagon’s new requirements, which would restrict journalists’ ability to keep the nation and the world informed of important national security issues. The policy is without precedent and threatens core journalistic protections.”
The Department of War and the White House have been contacted for comment.