Federal Judge Blocks New Pentagon Restrictions on Press

District Judge Paul Friedman on Thursday blocked the Pentagon's latest attempt to restrict press access, following a ruling in which he criticized the Defense Department for trying to circumvent a previous court decisionthat had invalidated parts of a press policy pushed by Defense Secretary Pete Hegseth, and even warned that "suppression of political speech is characteristic of an autocracy, not a democracy." The ruling formally prohibits Defense Department officials from enforcing the new policy against several New York Times reporters and orders that their access to the building be restored.

As the federal judge noted, the Pentagon effectively ignored the first ruling by quickly implementing a revised set of rules. Also, Friedman noted, "The Department cannot simply reinstate an illegal policy under the guise of taking 'new' action and expect the court to look the other way," adding that the Pentagon's updated policy continued to represent a clear violation of the constitutional rights of national security journalists. "Suppression of political speech is characteristic of an autocracy, not a democracy, as the Founding Fathers recognized when they drafted the First Amendment," wrote the judge, who was originally appointed by Democratic President Bill Clinton.

While Friedman had already struck down key provisions of Hegseth's previous policy last month that allowed the Pentagon to suspend or revoke press credentials based on coverage, the judge left in place other elements that were not the subject of the legal challenge by the Times. Among the most prominent changes, the Pentagon closed the historic "Correspondent Corridor" and made it mandatory for reporters to be accompanied at all times while inside the building.

In response to Friedman's ruling, Times attorney Theodore Boutrous said the decision "forcefully vindicates both the court's authority and First Amendment protections for independent journalism." In October, reporters from some traditional media outlets left the Defense Department building rather than accept the new rules. The Times sued the Pentagon and Hegseth in December to challenge the policy.