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First Amendment · New York Times · Pentagon · Press Freedom
A federal judge ruled the Pentagon's 2025 press access policy unconstitutional, handing a significant victory to The New York Times, which had sued, arguing violations of First and Fifth Amendment rights.
U.S. District Judge Paul Friedman of Washington, D.C., determined the policy discriminated based on editorial viewpoint, aiming to favor journalists "on board" with Department leadership, thereby violating the First Amendment. Friedman also found the policy vague, failing to provide fair notice for routine journalistic practices, which constitutes a Fifth Amendment violation.
The New York Times spokesperson, Charlie Stadtlander, welcomed the decision, stating it enforces free press rights and ensures public visibility into government actions. Pentagon spokesman Sean Parnell announced disagreement with the ruling and confirmed an immediate appeal.
Other major news organizations, including ABC News, CBS News, CNN, FOX News Media, and NBC News, had previously rejected the policy, citing threats to journalistic protections.
