New York Times files lawsuit against Pentagon over ‘press restrictive’ media rules
WASHINGTON, DC: The New York Times filed a federal lawsuit against the Pentagon, arguing that the newly imposed restrictions on how journalists may cover the US military unlawfully curb constitutionally protected reporting.
The complaint, filed on Thursday, December 4, in the US District Court in Washington, contended that the 21-page agreement issued in October forced reporters to surrender basic newsgathering rights.
Six New York Times reporters surrendered their Pentagon access badges in protest.
According to the filing, the Defense Department’s policy “seeks to restrict journalists’ ability to do what journalists have always done, ask questions of government employees and gather information to report stories that take the public beyond official pronouncements.”
The Times said that it intended to “vigorously defend against the violation of these rights,” regardless of which administration imposed the restrictions.
NYT lawsuit names Defense Secretary Pete Hegseth
A spokesperson for the newspaper said that the policy was “an attempt to exert control over reporting the government dislikes,” arguing it infringed on the First and Fifth Amendment protections.
The lawsuit named the Department of Defense Secretary Pete Hegseth and Pentagon Spokesman Sean Parnell as defendants. It was filed by The New York Times Company and its Pentagon correspondent.
The Defense Department, which the suit noted is now officially referred to as the Department of War did not immediately comment.
Pentagon says rules protect national security
Defense officials have previously insisted that the policy is not aimed at any single outlet but is intended to curb leaks that could jeopardize operations. “It’s common sense,” the Pentagon had said, defending the restrictions.
The new rules barred journalists from gathering or publishing any information not explicitly authorized by the government, even if the information was declassified or obtained off Pentagon grounds.
Off-the-record conversations would also be prohibited. Reporters who declined to sign the agreement risked losing access to the building.
Lawsuit says Pentagon rules are ‘speech restrictive’
Major media organizations pushed back against the policy when it was introduced. Five prominent broadcasters, including NBC News, refused to sign the agreement in October.
The lawsuit argued that the Pentagon’s rules are “exactly the type of speech and press restrictive scheme” repeatedly found unconstitutional by the Supreme Court and the DC Circuit.
Earlier this year, the Pentagon also removed several outlets from its in-house workstations as part of what it described as an “annual media rotation program.” New entrants included Breitbart News, One America News Network, the New York Post, and HuffPost.
