Arguments begin Friday in a lawsuit against the Department of Defense after the Pentagon established new rules last year limiting what credentialed journalists can report from the building.
As Straight Arrow News previously reported, the Pentagon introduced a new press policy in September, requiring members of the Pentagon press corps to pledge not to report any information that has not been cleared by the department, including unclassified materials.
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The policy states, “DoW information must be approved for public release by an appropriate authorizing official before it is released, even if it is unclassified.” Journalists who refuse to comply risk losing their press credentials.
News organizations that were a part of the Pentagon press corps were given until Tuesday, Oct. 14, to sign the agreement. Those who declined were required to turn in their press badges.
Several news organizations refuse
Several major news outlets refused to sign the policy, including The Washington Post, The New York Times, CNN, The Wall Street Journal, NPR, Reuters, The Atlantic, The Guardian, Newsmax and The Washington Times.
Matt Murray, the Washington Post’s executive editor, said the proposed restrictions “undercut First Amendment protections by placing unnecessary constraints on gathering and publishing information.”
The five major broadcast networks – NBC, ABC, CBS, CNN and Fox News — also declined to sign the agreement.
Many organizations described the policy as a gag order, saying it violates First Amendment rights and restricts reporting on how a nearly $1 trillion federal department spends taxpayer money.
The New York Times files a lawsuit
In addition to refusing to sign the agreement, The New York Times took things a step further, filing a lawsuit against the new policy.
Attorneys for the newspaper argue the policy “seeks to restrict journalists’ ability to do what journalists have always done — ask questions of government employees and gather information to report stories that take the public beyond official pronouncements.”
The lawsuit also states that Pentagon leadership has faced coverage it views as unfavorable and responded by adopting a policy that could “jettison journalists and news organizations whose reporting the Department disfavors, and to chill future reporting critical of the Pentagon.”
However, the Pentagon has defended the policy, calling it “reasonable” and saying it is intended to protect national security.
Both a Pentagon spokesperson and Defense Secretary Pete Hegseth have said access to the Pentagon is “a privilege, not a right.”
Relevant timing
Friday’s hearing comes as the Pentagon is managing ongoing military operations in Iran.
Earlier this week, Hegseth and Chairman of the Joint Chiefs of Staff Dan Caine held two press briefings on Operation Epic Fury. Although many outlets no longer have Pentagon credentials, NBC News reports the Pentagon allowed them to attend those briefings.
