The New York Times filed a lawsuit Thursday against the United States Department of Defense and its head, Pete Hegseth, arguing that recent rules on press access go against the Constitution. The rules demand that journalists promise not to gather information from government sources unless they receive official approval, even if the information is not classified.
According to the Times, the policy lets Pentagon officials control what reporters can learn and share. “The Pentagon’s press access policy is unlawful because it gives government officials unchecked power over who gets a credential and who doesn’t, something the First Amendment prohibits,” said Gabe Rottman, who is vice president of policy at the Reporters Committee for Freedom of the Press, in a statement. “The public needs independent journalism and the reporters who deliver it back in the Pentagon at a time of heightened scrutiny of the Department’s actions.”
Many major media outlets refused to sign the new rules. Instead, they gave up their press badges and left the Pentagon. Among those were the Times itself and NPR. The lawsuit also names the Pentagon’s chief spokesperson, Sean Parnell, along with the Defense Department.
“We are aware of the New York Times lawsuit and look forward to addressing these arguments in court,” said Parnell in a statement.
In its filing, the Times argues that the policy violates two parts of the Constitution. First, it violates the First Amendment, specifically the part that protects free speech and a free press. Second, it violates the Fifth Amendment because it lets the Pentagon take away reporters’ credentials without a chance for appeal.
The lawsuit asks a federal court to declare the policy unconstitutional and to stop the Pentagon from enforcing it. Supporters of the lawsuit, including the Pentagon Press Association, call it an important action for independent journalism and transparency.
“The Defense Department’s attempt to limit how credentialed reporters gather the news and what information they may publish is antithetical to a free and independent press and prohibited by the First Amendment,” said the Pentagon Press Association.
For Hegseth, the lawsuit marks a new and serious challenge. The restrictions he put in place have already drawn a lot of criticism as undermining the role of the press. Now the fight moves into the courts, where the outcome could affect how reporters cover national security and government actions in the future.
