The Defense Department issued a formal notification on Friday that it was appealing two adverse rulings from a federal judge who found that major parts of its restrictions on reporters were unconstitutional.
In October, the Pentagon issued a new set of media rules that allowed the department to declare journalists “security risks” and revoke their press passes. Journalists at many traditional media outlets surrendered their credentials instead of signing the policy. In December, The New York Times sued, arguing that the rules violated the First and Fifth Amendments.
On March 20, Judge Paul Friedman of the U.S. District Court for the District of Columbia sided with The Times, tossing out key provisions of the policy on the grounds that they were unconstitutional.
The Pentagon responded by adopting revised rules three days later, which the government said were “responsive” to the judge’s ruling and order. It also closed the work space used for years by journalists with credentials to cover the military.
Judge Friedman rejected the revised policy on Thursday and ordered the Pentagon to restore the access that Times journalists had at the time of the first ruling.
The government’s notice of appeal on Friday applies to both of Judge Friedman’s rulings. The Pentagon has argued throughout the proceedings that its restrictions comply with constitutional protections and are necessary to protect national security.
A Times spokesperson issued a statement Friday, saying: “We are confident that the circuit will affirm the district court’s well-reasoned opinions.”
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