The New York Times filed suit Thursday against the Department of Defense, arguing that a new Pentagon press policy violates the First Amendment and gives military officials sweeping authority to punish journalists for routine reporting.
The policy, imposed earlier this year, allows the Defense Department to revoke press credentials from reporters for what the Times describes as “ordinary newsgathering” — including publishing information the government may find unflattering. Dozens of news organizations across the political spectrum have already rejected the mandate.
“This new policy is an attempt to exert control over reporting the government dislikes,” said Charlie Stadtlander, a spokesperson for the Times. He added that the rule undermines decades of independent coverage of the U.S. military “undertaken in the public’s name and at the public’s expense.”
The Times argues that the Pentagon’s rules infringe on journalists’ First and Fifth Amendment rights and amount to an unconstitutional attempt to manage press coverage. The lawsuit seeks to block the enforcement of the policy.
The Pentagon did not immediately comment.
Statements of Support
Pentagon Press Association: The organization said it was “encouraged” by the Times’ challenge, calling the Defense Department’s restrictions “antithetical to a free and independent press and prohibited by the First Amendment.”
White House Correspondents’ Association: WHCA President Weijia Jiang said independent reporting on the military is essential to informing the public. “The Times’ lawsuit is a necessary and vital step to ensure journalists can do their jobs.”
Reporters Committee for Freedom of the Press: The group said the policy grants officials “unchecked power” over who receives credentials — a practice it says the Constitution forbids.
Digital Content Next: The trade group warned that any attempt to limit access to independent media “is an anathema to a healthy American democracy.”
Freedom of the Press Foundation: Executive Director Trevor Timm applauded the lawsuit, saying that “an attack on any journalist’s rights is an attack on all.”