US judge blocks Pentagon’s press access policy after New York Times lawsuit | US military
A federal judge on Friday blocked the Trump administration’s restrictive Pentagon press access policy, which threatens journalists with being labeled security risks if they seek information not authorized for public release.
The New York Times’ lawsuit in federal court in Washington, D.C., alleged that policy changes made by the Defense Department last year gave it carte blanche to exclude journalists and news outlets because of coverage the department didn’t like, in violation of the Constitution’s protections for free speech and due process.
Donald Trump’s administration denied the characterization and said the policy was reasonable and necessary to protect the military.
Changes approved under Pete Hegseth in October stipulate that journalists can be considered security risks and have their press badges revoked if they solicit unauthorized military personnel to release classified, and in some cases unclassified, information.
Of the Pentagon Press Association’s 56 news outlets, only one agreed to sign an acknowledgment of the new policy, according to the Times’ lawsuit. Journalists who did not sign returned their press cards.
The Pentagon assembled a new press corps of pro-Trump media and media figures after the exodus of journalists, which the Times says proves the policy is aimed at stifling unflattering media coverage.
The policy states that the publication of sensitive information “is generally protected by the First Amendment” but indicates that solicitation of this information could be considered by officials when determining whether a journalist poses a “safety or security risk.”
In its lawsuit, the Times said the policy illegally restricts critical information-gathering techniques and gives the Pentagon “unfettered” discretion to revoke the passes, allowing it to impose the type of “viewpoint-based” press restrictions prohibited by the Constitution.
Justice Department lawyers acknowledged the policy was partly subjective, but said press accreditation decisions were always governed by neutral, objective criteria. The government also said soliciting military personnel to commit a crime by disclosing unauthorized information did not constitute legally protected speech. The policy change was criticized by journalism advocates, who called it another attack on the free press by Trump and his administration.
“It is shocking that this sweeping restriction has been the official policy of our federal government and that Justice Department lawyers have had the gall to assert that journalists who ask questions of the government are criminal,” Seth Stern, chief advocacy officer of the Freedom of the Press Foundation, said Friday. “It’s unfortunate that it took this long for the Pentagon’s ridiculous policy to be thrown into the trash.”
The Associated Press has filed a lawsuit against Trump administration officials over its removal from the White House press corps after the news organization decided to continue using the established name of the Gulf of Mexico, while recognizing Trump’s executive order calling on U.S. institutions to call it the Gulf of America.
Guardian staff contributed to the report
