Judge Rules Pentagon Press Policy Unconstitutional

A federal judge in Washington, D.C., ruled on Friday that key portions of a Pentagon press credentialing policy violate the First and Fifth Amendments, siding with The New York Times in its lawsuit against the Defense Department. U.S. District Judge Paul Friedman ordered the policy vacated, finding it unlawfully restricts journalists' free speech and due process rights by potentially punishing routine newsgathering activities.

The policy, implemented in October 2025 under Defense Secretary Pete Hegseth, required reporters seeking Pentagon credentials to acknowledge that obtaining information from officials not authorized to disclose it could be viewed as soliciting illegal acts. This provision, according to the judge, created uncertainty for journalists, as it treated standard practices like interviewing sources as potential grounds for denying, suspending, or revoking access badges. "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 credential," Friedman wrote. "It provides no way for journalists to know how they may do their jobs without losing their...