A federal judge on Thursday rejected an attempt by the Pentagon to impose a new set of restrictions on journalists who hold credentials to cover the military complex, in another blow to Defense Secretary Pete Hegseth’s attempts to control the media.
The order, from Judge Paul Friedman of U.S. District Court for the District of Columbia, declared that the new policy was essentially unconstitutional. With its new rules, the Pentagon changed the wording of a provision barring journalists from seeking confidential information from government sources.
Judge Friedman added that the Pentagon had “failed” to reinstate the press passes of several New York Times reporters.
It was the second time that Judge Friedman had tossed parts of the Pentagon’s press policy. He ruled last month that major parts of the previous policy, which also sought to restrict certain journalistic activities, were unconstitutional in a case brought by The Times.
Mr. Hegseth has maintained an adversarial stance toward the press since he took over the Defense Department. He has repeatedly taken steps to limit reporters’ access to the Pentagon complex, including closing the on-site workspaces that credentialed journalists had used for years and scaling back the areas where they could roam without an escort.
The Pentagon did not immediately return a request for comment, but it has vowed to appeal the court’s original ruling.
The Times had accused the Defense Department of using the new rules to try to make an “end run” around the original decision. A spokesman for The Times said the decision on Thursday “sends a clear message to the Pentagon” about complying with the judge’s order.
“This ruling powerfully vindicates both the court’s authority and the First Amendment’s protections of independent journalism,” said Theodore J. Boutrous Jr., a First Amendment lawyer representing The Times in the case.
The rejection is the latest twist in a dispute reaching back to October, when the Pentagon changed its rules for journalists covering the military, leading to a walkout by journalists from traditional news outlets who refused to sign the policy. The Times sued the Pentagon in December, arguing that the restrictions violated the First and Fifth Amendments.
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