In a new ruling by the U.S. District Court for the District of Columbia, Judge Paul Friedman has determined that the Pentagon's revised policy on accredited journalists is essentially unconstitutional, further undermining Defense Secretary Pete Hegseth's efforts to tighten media control.
Following a previous court decision, the Pentagon introduced new rules, altering the wording of provisions that prohibit journalists from seeking confidential information from government sources. Judge Friedman assessed that these changes do not alter the essence of the restrictions and noted that the Pentagon "failed" to reinstate press credentials for several New York Times reporters.
This marks the second time Friedman has rejected parts of the Pentagon's reporting policy. Last month, he already declared a significant portion of an earlier version of the rules unconstitutional, which also targeted specific journalistic activities, in a case initiated by The New York Times.
According to court documents, since taking office as defense secretary, Pete Hegseth has maintained a confrontational stance toward the media. He has repeatedly restricted journalists' access to the Pentagon, including closing a workspace that accredited reporters had used for years and reducing the areas of the building where they could move unescorted.
Pentagon spokesperson Sean Parnell stated that the department disagrees with the ruling and will appeal. He emphasized that the "department remains committed to media access at the Pentagon while fulfilling its legal obligation to ensure the safe and uninterrupted operation" of the complex.
In its lawsuit, The New York Times argued that the Pentagon attempted a "workaround" of the initial court ruling with the new rules. A spokesperson for the newspaper said Thursday's decision "sends a clear message to the Pentagon" about the obligation to comply with court orders.
"Complying with a lawful court order is not an option but an obligation in a democracy committed to the rule of law," the spokesperson added.
The lead attorney for The New York Times in this case, First Amendment expert Theodore J. Boutrous Jr., commented: "This ruling strongly affirms both the authority of the court and the protection of independent journalism provided by the First Amendment."
The dispute between the Pentagon and the media dates back to October, when rules for journalists covering the military were first revised, leading to traditional media reporters leaving the Pentagon after refusing to sign the new policy. The New York Times filed a lawsuit in December, arguing that the restrictions violate the First and Fifth Amendments.
The latest version of the rules also introduced the strictest limitations on journalists' access to the Pentagon. The workspace for accredited reporters covering national security was closed, and movement within the building was made conditional on constant escort by official chaperones.
In his ruling, Judge Friedman described these changes as moves that "are not security measures nor attempts to fulfill previously assumed obligations, but transparent attempts to nullify the effect of this court's order."
He ordered that New York Times journalists receive the same level of access to the Pentagon as they had at the time of the first ruling. The Pentagon has not yet indicated whether it will reopen the workspace for accredited reporters.
Another key part of the decision concerns restrictions on the questions journalists can ask military personnel. The October policy introduced rules on "soliciting" information from Pentagon sources, with the possibility of sanctions if journalists sought information under certain circumstances.
The revised policy introduced a new term for soliciting information and specified situations in which journalists would not face consequences for their inquiries. Judge Friedman also struck down this part of the rules, concluding that "the latter version is impermissible for the same reasons as the former."
He ordered the Defense Department to submit a report to the court by next Thursday confirming that it has fully complied with his requirements.