The New York Times has sued the Pentagon, claiming that the new rules for journalists working with military officials violate the U.S. Constitution. Authorities described the changes as a measure to protect against leaks.
The New York Times (NYT) filed a lawsuit in the District Court in Washington against the U.S. Department of Defense on Thursday, December 4, accusing the agency of violating the First Amendment to the Constitution, which guarantees freedom of the press, among other things, with new rules regarding journalists' access to its headquarters (the Pentagon). The publication reported this in its own article a few hours before filing the complaint.
As noted by NYT, the internal rules of the Pentagon that came into effect in October require reporters to sign a 21-page document that includes restrictions on communication with sources and submitting requests for information to prepare materials. The newspaper believes that the military agency's goal is to make areas that "have historically been open to the press" inaccessible to journalists who "fearlessly and impartially study and report on the actions of the department and its leadership."
NYT is asking the court to prohibit the Pentagon from applying the new rules to the press and to declare those that violate the First Amendment to the Constitution illegal. For example, the newspaper disagrees with a provision that prohibits situations where journalists "urge government officials to provide confidential government information and thereby violate the law." The publication believes that such restrictions prevent the use of "lawful, routine news-gathering methods."
Pentagon: New Rules Needed to Prevent Leaks In October, the military agency stated that access to its facilities is a privilege that also needs to be regulated. Pentagon representatives noted that the new rules "are aimed at preventing leaks that harm <...> national security."
As NYT points out, dozens of journalists from various publications refused to comply with the new requirements and returned their passes. Some media outlets publicly criticized the rules. "This policy is unprecedented and threatens fundamental protections for journalists," stated ABC News, CBS News, CNN, Fox News, and NBC News.
Additionally, NYT discussed with other news organizations the possibility of filing a collective lawsuit but ultimately "decided to act independently."
Restrictions for Journalists Began to Emerge in February
In February, Pete Hegseth, who took office as secretary at the end of January, stripped several media outlets (including NYT) that had long covered the department of their special Pentagon bureaus. Their places were taken by more conservative media - for example, online outlets Newsmax and Breitbart News.
In May, Hegseth issued an order prohibiting journalists from being in most areas of the Pentagon without special accompaniment.
