Arguments in the lawsuit against the Defense Department begin Friday after the Pentagon instituted new rules last year limiting what credentialed journalists can report inside the building.
As Straight Arrow News previously reported, the Pentagon launched a new press policy in September that requires members of the Pentagon press corps to commit not to report any information, including unclassified material, that has not been approved by the department.
The policy states that “DoD information must be approved for public release by an appropriately authorized official before release, even if it is unclassified.” Reporters who refuse to comply may lose their reporter credentials.
News organizations affiliated with the Pentagon Press Corps were given until Tuesday, October 14, to sign the agreement. Those who refused were asked to turn in their press credentials.
Several news organizations declined
Several major news outlets declined to sign on to the policy, including The Washington Post, The New York Times, CNN, The Wall Street Journal, NPR, Reuters, The Atlantic, The Guardian, Newsmax and The Washington Times.
Matt Murray, executive editor of The Washington Post, said the proposed restrictions “weaken First Amendment protections by placing unnecessary restrictions on the collection and release of information.”
Five major broadcast networks, NBC, ABC, CBS, CNN and Fox News, also declined to sign the agreement.
Many groups have described the policy as a gag order, saying it violates First Amendment rights and limits reporting on how the nearly $1 trillion federal department spends taxpayer funds.
The New York Times files lawsuit
In addition to refusing to sign the agreement, The New York Times went a step further and filed a lawsuit challenging the new policy.
Lawyers for the newspaper argued that the policy “is designed to limit reporters’ ability to do what reporters have always done — ask questions of government employees and gather information to report stories that move the public beyond official statements.”
The lawsuit also states that Pentagon leadership faced what they considered unfavorable coverage and responded with a policy that could “dump reporters and news organizations whose coverage the department didn’t like and block future coverage critical of the Pentagon.”
However, the Pentagon defended the policy, calling it “reasonable” and saying it was intended to protect national security.
Both a Pentagon spokesman and Defense Secretary Pete Hegers said access to the Pentagon is “a privilege, not a right.”
Relevant time
Friday’s hearing comes as the Pentagon manages Iran’s ongoing military campaign.
Earlier this week, Hegseth and Chairman of the Joint Chiefs of Staff Dan Cain held two press conferences about Operation Epic Fury. Although many media outlets no longer have Pentagon credentials, NBC News reports that the Pentagon allowed them to participate in these briefings.