Federal judge strikes down Pentagon policy limiting press access

U.S. District Judge Paul Friedman on Friday struck down a Pentagon policy limiting press access, ruling that it violates First Amendment protections and ruling in favor of The New York Times. While the judge acknowledged the importance of protecting sensitive information in his 40-page decision, he also stressed the need for transparency. "The Court recognizes that national security must be protected, the safety of our troops must be protected, and war plans must be protected. But, especially in light of the country's recent incursion into Venezuelaand its ongoing war with Iran, it is more important than ever that the public have access to information from a variety of perspectives about what its government is doing."

Friedman's decision came amid a Pentagon requirement that journalists sign an agreement before receiving press credentials. The document stated that any department-related information had to be "approved for public release by an appropriate authorizing official before it is released, even if it is unclassified." Media organizations widely criticized the policy, arguing that it infringed on freedom of the press, while Pentagon officials contended that it was legal and was being misinterpreted.

Unconstitutional limits

Friedman, who was appointed by former Democratic President Bill Clinton, concluded that the policy imposed unconstitutional limits on journalists, including restrictions that were both excessive and based on viewpoint discrimination. It also determined that the rules were too vague, raising concerns under the due process protections of the Fifth Amendment.

The lawsuit was initially filed last December by The New York Times and reporter Julian Barnes. In his ruling, Friedman concurred with their arguments, writing, "In sum, the Policy on its face makes any newsgathering and reporting not blessed by the Department a potential basis for the denial, suspension, or revocation of a journalist’s badge. It provides no way for journalists to know how they may do their jobs without losing their credentials."

In response to the judge's decision, Times spokesman Charlie Stadtlander praised the ruling, stating, "The New York Times welcomes today's decision, which enforces the constitutionally protected rights of the free press in this country. Americans deserve visibility into how their country is governed and into the actions the military takes on their behalf and with their tax dollars. Today's decision reaffirms the right of The Times and other independent media to continue to ask questions on behalf of the public."

The Trump administration now has the option of appealing the decision to the U.S. Court of Appeals for the District of Columbia Circuit.