Pentagon Press Policy Ruled Unconstitutional by Federal Judge
A federal judge blocked key provisions of the Pentagon’s novel press access policy Friday, ruling that the restrictions violated the First and Fifth Amendments of the U.S. Constitution. U.S. District Judge Paul L. Friedman issued the ruling in response to a lawsuit filed by The New York Times, which argued the policy unlawfully curtailed reporting on the U.S. Military.
The policy, implemented last September, required journalists seeking regular access to the Pentagon to sign an agreement stipulating that any information gathered would require official approval before publication, even if the material was unclassified. News organizations that declined to sign faced revocation of their credentials and loss of daily access to the building. Multiple major news outlets, including CBS News, ABC News, NBC News, CNN, and Fox News, chose to forfeit their Pentagon press passes rather than comply with the terms.
Judge Friedman specifically struck down a provision that suggested reporters who “solicit” sensitive information could be barred from the Pentagon, stating, “To state the obvious, obtaining and attempting to obtain information is what journalists do.” The judge’s ruling noted the policy’s language was overly “vague,” failing to provide a reasonable standard for journalists to understand what actions might constitute a violation. He also rejected the Pentagon’s characterization of press access as a “privilege” rather than a “right.”
The decision halts some of the most contentious aspects of the policy, but does not eliminate all restrictions. Reporters will still be subject to limitations on where they can access within the Pentagon without an escort.
Pentagon spokesperson Sean Parnell stated the Defense Department disagrees with the ruling and intends to pursue an appeal. In a social media post, Parnell indicated the Pentagon would seek an “immediate appeal” of the decision. The Justice Department has not yet commented on the ruling.
The policy shift had resulted in a noticeable change in the Pentagon press corps, with access increasingly granted to conservative media outlets that agreed to abide by the new rules. The Pentagon Press Association celebrated the judge’s decision, stating it “violates the U.S.” and affirmed the importance of a free press in covering the military.
The lawsuit, filed in December, alleged the Pentagon policy would “deprive the public of vital information about the United States military and its leadership.” Judge Friedman sided with The New York Times, writing that the First Amendment was designed to empower the press to publish information in the public interest “free of any official proscription.”