WASHINGTON — A federal judge agreed Friday to block the Trump administration from enforcing a policy limiting news reporters’ access to the Pentagon, agreeing with The New York Times that key portions of the new rules are unlawful.
U.S. District Judge Paul Friedman in Washington sided with the newspaper and ruled that the Pentagon policy illegally restricts the press credentials of reporters who walked out of the building rather than agree to the new rules.
The Times sued the Pentagon and Defense Secretary Pete Hegseth in December, claiming the credentialing policy violates the journalists’ constitutional rights to free speech and due process.
The current Pentagon press corps is comprised mostly of conservative outlets that agreed to the policy. Reporters from outlets that refused to consent to the new rules, including from the Associated Press, have continued reporting on the military.
Friedman, who was nominated to the bench by Democratic President Bill Clinton, said the policy “fails to provide fair notice of what routine, lawful journalistic practices will result in the denial, suspension, or revocation” of Pentagon press credentials. He ruled that it violates the First and Fifth amendment rights to free speech and due process.
“In sum, the Policy on its face makes any newsgathering and reporting not blessed by the Department a potential basis for the denial, suspension, or revocation of a journalist’s (credential),” he wrote. “It provides no way for journalists to know how they may do their jobs without losing their credentials.”
The Pentagon did not immediately respond to a request for comment on the ruling.
It has argued that the policy imposes “common sense” rules that protect the military from the disclosure of national security information.
“The goal of that process is to prevent those who pose a security risk from having broad access to American military headquarters,” government attorneys wrote.
Times attorneys claim the policy is designed to silence unfavorable press coverage of President Trump’s administration.
“The First Amendment flatly prohibits the government from granting itself the unbridled power to restrict speech because the mere existence of such arbitrary authority can lead to self-censorship,” they wrote.
Kunzelman writes for the Associated Press. AP writer Konstantin Toropin contributed to this report.
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