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U.S. judge blocks restrictive Pentagon press access policy
(Reuters) – A federal judge on Friday blocked the Trump administration’s restrictive Pentagon press access policy, which threatens journalists with being branded security risks if they seek information not authorized for public release.
The lawsuit by the New York Times (NYT.N), opens new tab Washington, D.C., federal court alleged that policy changes by the Defense Department last year gave it free rein to freeze out reporters and news outlets over coverage the department did not like, in violation of the Constitution’s protections for free speech and due process. The government disputed that characterization and said the policy is reasonable and necessary for national security.
U.S. District Judge Paul Friedman said in his ruling that he recognized the importance of protecting troops and war plans but that it was “more important than ever that the public have access to information from a variety of perspectives about what its government is doing” in light of President Donald Trump’s recent “incursion” into Venezuela and war with Iran.
The Pentagon did not immediately respond to a request for comment on the ruling. The government is likely to appeal.
The Pentagon logo is seen behind the podium in the briefing room at the Pentagon in Arlington, Virginia, U.S., January 8, 2020. REUTERS/Al Drago/File Photo
New York Times spokesman Charlie Stadtlander said the ruling enforces constitutionally protected rights for the free press and “reaffirms the right of The Times and other independent media to continue to ask questions on the public’s behalf.”
“Americans deserve visibility into how their government is being run, and the actions the military is taking in their name and with their tax dollars,” Stadtlander said in a statement on Friday.
MOST NEWS OUTLETS DID NOT SIGN ON TO NEW POLICY
The changes approved under Defense Secretary Pete Hegseth in October 2025 state that journalists can be deemed security risks and have their press badges revoked if they solicit unauthorized military personnel to disclose classified, and in some cases unclassified, information.
Of the 56 news outlets in the Pentagon Press Association, only one agreed to sign an acknowledgment of the new policy, according the Times’ lawsuit. Reporters who did not sign surrendered their press passes.
The Pentagon assembled a new press corps consisting of pro-Trump outlets and media personalities after the exodus of reporters, which the Times said was evidence that the policy was aimed at stifling unflattering coverage.
The policy states that publishing sensitive information “is generally protected by the First Amendment” but says soliciting that information could be considered by officials when determining whether a reporter poses a “security or safety risk.”
In its lawsuit, the Times said the policy unlawfully restricts essential newsgathering techniques and gives the Pentagon “unfettered” discretion to revoke passes, permitting it to impose the type of “viewpoint-based” press restrictions forbidden by the Constitution.
Justice Department lawyers acknowledged the policy was partly subjective but said press credentialing decisions were still governed by neutral, objective criteria. The government also said soliciting military personnel to commit a crime by disclosing unauthorized information was not legally protected speech.
The policy change was criticized by journalism advocates, who called it another attack on the free press by Trump and his administration.
Freedom of the Press Foundation advocacy chief Seth Stern praised Friday’s ruling in a statement, saying it was “shocking” that the government had argued that “journalists asking questions of the government is criminal.”
The Associated Press has a pending lawsuit against Trump administration officials over its removal from the White House press corps after the news agency decided to continue using the Gulf of Mexico’s established name, while acknowledging Trump’s executive order calling on U.S. institutions to refer to it as the Gulf of America.
The AP said the decision was illegal viewpoint-based discrimination, while the government countered that it had wide discretion over press access decisions for non-public spaces.
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