“It is exactly the type of speech and press-restrictive scheme that the Supreme Court and D.C. Circuit have recognized violates the First Amendment,” attorneys for the Times wrote in a legal brief. “The Policy abandons scrutiny by independent news organizations for the public’s benefit.”
The New York Times has filed a lawsuit against U.S. Secretary of War Pete Hegseth, following the top Trump official’s announcement that media outlets will now be barred from the Pentagon unless they promise not to publish information that hasn’t already been authorized for release.
According to National Public Radio, the policy was launched in September. It prohibits credentialed journalists from reporting even unclassified material that isn’t expressly approved for public release by the Department of Defense’s leadership. In court documents, the Times said that the Pentagon’s decision is an attempt to force reporters into relying solely upon the military’s political appointees for news.
NPR and the New York Times were among several organizations that elected to forfeit their press passes rather than submit to Hegseth’s new rule.
The lawsuit names Hegseth as a defendant as well as Sean Parnell, the Pentagon’s main spokesperson.
“We aware of the New York Times lawsuit and look forward to addressing these arguments in court,” Parnell said in a statement.
The Times argues that Hegseth’s policy violates constitutional protections for free speech and freedom of the press.
“It is exactly the type of speech and press-restrictive scheme that the Supreme Court and D.C. Circuit have recognized violates the First Amendment,” attorneys for the Times wrote in a legal brief. “The Policy abandons scrutiny by independent news organizations for the public’s benefit.“
National Public Radio notes that the press has been unusually united in resistance to the Hegseth’s policy. Fox, for instance, was among the outlets whose defense correspondents chose to leave the building rather than make promises to the Pentagon.
“The Pentagon’s press access policy is unlawful because it gives government officials unchecked power over who gets a credential and who doesn’t, something the First Amendment prohibits,” said Gabe Rottman, vice president of policy at the Reporters Committee for Freedom. “The public needs independent journalism and the reporters who deliver it back in the Pentagon at a time of heightened scrutiny of the Department’s actions.”
Earlier this week, the Pentagon formally welcomed its reformed press corps; many of the approved outlets have a strong and longstanding conservative bias. They include: political activist and Trump supporter Laura Loomer; the Gateway Pundit, which NPR notes declared bankruptcy to avoid a court judgment for defamation; and LindellTV, funded by MyPillow founder Mike Lindell, a conspiracy theorist who promoted baseless claims that the 2020 election was stolen from Trump.
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‘New York Times’ lawsuit creates a new headache for Pentagon chief Hegseth
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