New York Times files lawsuit against Pentagon for press access

NEW YORK, Dec 4 The New York Times has initiated a lawsuit against the U.S. Department of Defense and Secretary Pete Hegseth, challenging a newly implemented Pentagon press policy that limits journalistic access. The legal move is part of ongoing efforts by media organizations to secure unimpeded entry to government facilities.

The policy, introduced last month, requires journalists to acknowledge that they could be considered security risks and risk losing their Pentagon press credentials if they request disclosure of classified or certain unclassified information. The lawsuit, submitted to the U.S. District Court for the District of Columbia, also names Pentagon chief spokesperson Sean Parnell.

At least 30 media outlets, including Fox News, The Washington Post, and Reuters, have relinquished their press badges rather than comply with the new requirements, citing threats to press freedom and the ability to report independently on military affairs.

Times Claims Policy Breaches Free Speech Rights

The Times contends that the policy infringes upon free speech and due process, potentially depriving the public of critical information about the U.S. military and its leadership. "This policy seeks to control reporting that the government disfavors, violating the First and Fifth Amendment rights of a free press to access information," said Times spokesperson Charlie Stadtlander. Reporter Julian Barnes is named as a co-plaintiff in the suit.

The Pentagon and White House have not issued immediate responses to the lawsuit.

The policy specifies that while publishing sensitive material is generally protected by the First Amendment, actively seeking such disclosures may be considered in determining whether a reporter poses a security risk. Traditionally, credentialed journalists have had access to unclassified Pentagon areas and direct interaction with department spokespeople, with press badges confirming completion of background checks.

Changes in Pentagon Press Coverage

Following the departure of mainstream media outlets last month, the Pentagon has established a new press corps primarily composed of pro-Trump organizations and personalities. This group includes activist Laura Loomer, LindellTV run by election conspiracy theorist Mike Lindell, and James OKeefe of Project Veritas and OKeefe Media Group. At a recent briefing, Pentagon Press Secretary Kingsley Wilson criticized the traditional press corps, asserting that "the American people don't trust these propagandists because they stopped telling the truth."

Historical Context

The New York Times lawsuit mirrors a February action by the Associated Press, which sued Trump administration officials after access to press events was restricted. The AP argued that the limitations attempted to coerce media into using preferred terminology, challenging constitutional protections for free speech and due process. Although a preliminary injunction was initially granted by U.S. District Judge Trevor McFadden, it was later paused by the D.C. Circuit pending an appeal.

Author: Zoe Harrison