The New York Times has filed a lawsuit against Defense Secretary Pete Hegseth, the Defense Department, and chief Pentagon spokesperson Sean Parnell. The lawsuit challenges a new Pentagon policy that requires media outlets to agree not to gather or report information unless formally authorized by defense officials.
Pentagon Policy Changes
Unveiled in September, the policy prohibits credentialed journalists from reporting unclassified material not explicitly approved for public release by the Defense Department. The New York Times asserts that this policy compels reporters to rely solely on officials for military-related news and could lead to penalties for non-compliance.
Both The New York Times and NPR are among the organizations that chose not to accept the policy, subsequently relinquishing their Pentagon press passes. Prior to this, in May, the Pentagon had implemented rules requiring reporters to have a designated escort in many areas, a departure from long-standing practices.
Secretary Hegseth publicly commented on the policy via social media, stating, "The 'press' does not run the Pentagon — the people do."
Legal Arguments
The lawsuit argues that the Pentagon's policy violates constitutional protections for free speech and freedom of the press. According to court documents filed by The New York Times, the policy represents a "speech and press-restrictive scheme" that the Supreme Court and D.C. Circuit have recognized as a violation of the First Amendment. The paper also alleges a violation of its reporters' due process rights, claiming the decision on press passes was made without a clear path for appeal.
The Times's legal team referenced prior court rulings, including federal judges' decisions that mandated the return of White House press passes to reporters Brian Karem (then of Playboy) and Jim Acosta (then of CNN) after their revocation. Theodore J. Boutrous represents The New York Times in this litigation.
Context and Related Developments
Despite relinquishing their Pentagon credentials, news organizations have continued to report on military actions, including U.S. strikes on Iranian nuclear sites and Venezuelan vessels.
An inspector general's finding recently indicated that Secretary Hegseth's private Signal conversations with senior government officials regarding pending U.S. airstrikes in Yemen "could have placed American troops in harm's way." These chats were initially reported by The Atlantic's editor-in-chief, Jeffrey Goldberg.
The restrictions implemented by Secretary Hegseth have been compared to similar measures taken during the second Trump administration concerning news outlets. Additionally, the White House recently launched a "media bias offender tipline" to invite public reports on news coverage critical of the administration.
New Press Corps at the Pentagon
This week, the Pentagon formally welcomed a new press corps consisting of correspondents and outlets that have agreed to adhere to its new policy. Pentagon Press Secretary Kingsley Wilson stated that "Legacy media chose to self-deport from this building" and cited a decline in national trust for mainstream media outlets.
Among the new arrivals are political activist Laura Loomer; The Gateway Pundit, which has filed for bankruptcy in connection with defamation suits; and LindellTV, backed by MyPillow founder Mike Lindell, who supported claims of fraud in the 2020 presidential elections. Several new arrivals posted photos on social media, claiming they had been assigned the former Pentagon office of a Washington Post reporter, though at least one later corrected this information.
Statement from Press Freedom Advocates
Gabe Rottman, vice president of policy at the Reporters Committee for Freedom of the Press, issued a statement asserting that the Pentagon's press access policy is "unlawful" because it grants government officials "unchecked power over who gets a credential and who doesn't," which he stated violates the First Amendment. Rottman emphasized the public's need for independent journalism and reporters within the Pentagon.