Topline
The New York Times sued the Pentagon and its chief, Pete Hegseth, on Thursday, alleging the Defense Department’s new press access rules—which restricts news outlets’ communication with military sources without approval—violated the paper’s First and Fifth Amendment rights.
The New York Times alleges that the Pentagon’s press rules violate its First and Fifth Amendment rights.
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Key Facts
In a filing made before the D.C. federal court, the Defense Department’s policy “seeks to restrict journalists’ ability to…ask questions of government employees and gather information to report stories that take the public beyond official pronouncements.”
The policy, which news outlets were required to sign to gain access to the Pentagon, states that military personnel needed approval before sharing any information and said the press should be aware that “personnel may face adverse consequences for unauthorized disclosures.”
The filing says the “Pentagon has made clear that lawful, routine newsgathering techniques” like asking questions to and interviewing government employees could lead to revocation of a journalist’s access badges.
The paper argues that, through this policy, Pentagon officials have given themselves the power to suspend a journalist’s credentials for “publishing stories that Pentagon leadership may perceive as unfavorable or unflattering.”
The Times urged the court to deem the policy “unlawful and unconstitutional” and issue an injunction barring the Pentagon from enforcing this policy.
Crucial Quote
In a statement, the New York Times said it had filed the lawsuit to oppose the new press policy that “punishes journalists for ordinary newsgathering.” The statement adds: “The policy is an attempt to exert control over reporting the government dislikes, in violation of a free press’ right to seek information under their First and Fifth Amendment rights protected by the Constitution.”