A federal judge in Washington, D.C., has invalidated the Pentagon’s press access policy, ruling that it violates both the First and Fifth Amendments to the U.S. Constitution, reports Baltimore Chronicle via ABC. U.S. District Judge Paul Friedman issued the ruling late Friday in favor of The New York Times, which had filed a lawsuit challenging the Defense Department’s rules implemented in October 2025. The policy required reporters to sign a document acknowledging that their Pentagon access could be revoked if they were “reasonably determined to pose a security or safety risk,” based on actions such as “unauthorized access, attempted unauthorized access, or unauthorized disclosure” of potentially sensitive information, even if it was unclassified.
Judge Friedman emphasized that the policy’s vague language could penalize essential journalistic practices. “Obtaining and attempting to obtain information is what journalists do,” Friedman wrote. He noted that asking routine questions of Department employees could be interpreted as posing a security or safety risk under the policy, creating uncertainty that might lead journalists to self-censor to avoid losing their press credentials. The Fifth Amendment’s due process protections, Friedman ruled, do not permit such imprecise standards that leave reporters unsure whether their everyday professional actions could violate the rules.
The judge also highlighted that the policy constitutes viewpoint discrimination under the First Amendment. Friedman cited Defense Secretary Pete Hegseth’s public reaction on X, where he used a “waving-hand emoji” in response to The New York Times journalists’ refusal to sign the policy acknowledgment. “The undisputed evidence reflects the Policy’s true purpose and practical effect: to weed out disfavored journalists and replace them with news entities deemed compliant,” Friedman wrote. He stressed that in the context of recent U.S. military operations in Venezuela and the ongoing war with Iran, the public’s right to diverse perspectives on government actions is critical for informed decision-making.
Sean Parnell, the Pentagon’s assistant secretary for public affairs, responded on social media, stating, “We disagree with the decision and are pursuing an immediate appeal.” Meanwhile, The New York Times spokesperson Charlie Stadtlander said the ruling “enforces the constitutionally protected rights for the free press,” emphasizing that Americans deserve transparency regarding government operations and military actions funded by taxpayers. The Pentagon Press Association welcomed the decision, calling for the immediate reinstatement of press credentials for its members.
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