US judge blocks Pentagon’s restrictions on press after New York Times lawsuit | US military
A federal judge on Friday blocked the Trump administration’s restrictive Pentagon press access policy; this policy threatened journalists with branded security risks if they sought information not authorized for public release.
“The drafters of the first amendment believed that the security of the nation requires a free press and an informed people, and that this security was compromised by government suppression of political speech,” U.S. district court judge Paul Friedman wrote in his opinion. “This principle has protected the security of the nation for almost 250 years. This should not be abandoned any longer.”
The New York Times filed a lawsuit in federal court in Washington, D.C., alleging that policy changes made by the Defense Department last year gave the department latitude to freeze reporters and news organizations for news it did not like, in violation of the Constitution’s protections of free speech and due process.
Donald Trump’s administration rejected that characterization and said the policy was reasonable and necessary to protect the military.
In deciding against the Pentagon’s policy, Friedman said that national security “must be protected” but that it was also imperative to keep the public informed.
“It is more important than ever for the public to have access to information from a variety of perspectives about what the government is doing, especially in light of the country’s recent attack on Venezuela and its ongoing war with Iran,” Friedman wrote.
The changes, approved under Pete Hegseth in October, state that journalists could be deemed a security risk and have their press badges revoked if they make unauthorized requests to military personnel to disclose classified and, in some cases, non-classified information.
According to the Times’ lawsuit, only one of 56 news outlets in the Pentagon Press Association agreed to sign off on the new policy. Reporters who did not sign surrendered their press cards.
Following the exodus of journalists, the Pentagon created a new press group consisting of pro-Trump outlets and media personalities; The Times said this was evidence that the policy was aimed at suppressing bad reporting.
The policy states that the release of sensitive information is “generally protected by the First Amendment,” but says that requesting that information may be considered by authorities in determining whether a reporter poses a “security or safety risk.”
In its lawsuit, the Times said the policy unlawfully restricted basic newsgathering techniques and gave the Pentagon “unlimited” discretion to revoke clearances and allow it to impose the kind of “viewpoint-based” press restrictions prohibited by the constitution.
Justice Department lawyers acknowledged that the policy was partly subjective but said press authentication decisions were still governed by impartial, objective criteria. The government also said encouraging military personnel to commit crimes by disclosing unauthorized information is not legally protected speech. The policy change was criticized by journalism advocates, who called it a new attack on the free press by Trump and his administration.
“It is shocking that this sweeping restriction is the official policy of our federal government, and that Justice Department lawyers have the courage to argue that journalists asking questions of the government is a crime,” Seth Stern, chief of advocacy at the Freedom of the Press Foundation, said in a statement Friday. “It’s unfortunate that it took this long for the Pentagon’s ridiculous policy to be scrapped.”
“Americans deserve visibility into how their government is run and the actions the military takes on their behalf and with their tax dollars,” New York Times spokesman Charlie Statdlander said in a statement. “Today’s decision reaffirms the right of the Times and other independent media to continue asking questions on behalf of the public.”
The Associated Press has a pending lawsuit against Trump administration officials over the agency’s removal from the White House press corps after the news agency decided to continue using the established name for the Gulf of Mexico and agreed to Trump’s executive order urging U.S. agencies to call it the Gulf of America.
