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1st Amendment

Judge Blocks Pentagon Restrictions on Journalists

A federal judge has blocked key parts of a Pentagon policy that limited journalists’ access to the building and restricted how they could gather and publish information, ruling that the measures violated the US Constitution.

Pete Hegseth
Pete Hegseth (By U.S. Department of Defense - https://www.defense.gov/About/Biographies/Biography/Article/4040890/hon-pete-hegseth/, Public Domain, https://commons.wikimedia.org/w/index.php?curid=158691985)

A federal judge has blocked key parts of a Pentagon policy that limited journalists’ access to the building and restricted how they could gather and publish information, ruling that the measures violated the US Constitution.

District Judge Paul L. Friedman ruled in favor of The New York Times, which challenged the policy after the Department of Defense introduced new rules requiring reporters to sign agreements restricting their reporting. The policy, implemented in October, stated that information gathered at the Pentagon had to be approved before publication, even if unclassified.

Major media organizations including CNN, NBC News, ABC News, CBS News, Fox News and the BBC declined to sign the agreement and subsequently lost regular access to the Pentagon.

In his ruling, Friedman said the policy infringed on First Amendment protections of press freedom and violated due process under the Fifth Amendment. He specifically struck down provisions allowing the Pentagon to deny access based on vague security concerns tied to journalists “soliciting” information.

“To state the obvious, obtaining and attempting to obtain information is what journalists do,” Friedman wrote, adding that the policy could penalize routine reporting practices such as asking questions.

He also rejected the Pentagon’s claim that press access is a “privilege” rather than a right, ruling that access cannot be denied arbitrarily or based on viewpoint.

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However, the judge allowed certain restrictions to remain in place, including requirements for journalists to be escorted in some areas of the building.

The Pentagon said it disagreed with the decision and would appeal. Officials had argued that the policy was necessary to protect national security and prevent unauthorized leaks of sensitive information.

The Pentagon Press Association, which represents defense reporters, welcomed the ruling and called for the immediate restoration of access for affected journalists.

The decision comes amid heightened scrutiny of government transparency as the United States continues its military campaign against Iran. The court noted that public access to information is particularly important during wartime, when government actions carry significant national and international consequences.

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