A federal judge in Washington has struck down key parts of a Pentagon policy governing journalist access, ruling that the Defense Department’s new restrictions violate the First and Fifth Amendments of the U.S. Constitution, according to BBC News.
District Judge Paul L. Friedman sided with The New York Times, which sued after the Pentagon implemented sweeping controls last October that limited what reporters could gather and publish from inside the building. Under the new policy, journalists had to sign an agreement promising that all information they collected, even unclassified details, would be cleared by Pentagon officials before release. Those who refused lost their press credentials.
As a result, most major outlets including CBS, ABC, NBC, CNN, Fox News, and the BBC were effectively barred from daily access. The reporters who remained were largely from smaller conservative outlets that accepted the new terms.
In his ruling, Friedman wrote that the Pentagon’s policy “strikes at the heart of journalistic practice.” He singled out a provision allowing the department to bar journalists who “solicit” sensitive information, calling it unconstitutionally vague. “To state the obvious,” he wrote, “obtaining and attempting to obtain information is what journalists do.”
The judge also took issue with the Pentagon’s assertion that access to its building is merely a “privilege,” not a “right.” Friedman said access cannot be denied arbitrarily or based on a reporter’s viewpoint. However, he allowed the policy requiring escorts in certain restricted areas to remain in place.
After the ruling, Pentagon spokesperson Sean Parnell said the department “disagrees with the decision and is pursuing an immediate appeal.”
The Pentagon had defended the policy as necessary to protect national security and prevent leaks of classified material. But press advocates argued it would muzzle journalists and chill communication with legitimate sources.
Following Friday’s decision, the Pentagon Press Association applauded the outcome, calling it “a victory for the free press and the First Amendment” and urging the immediate reinstatement of all revoked press credentials.
