A federal judge on Friday invalidated a Defense Department policy on journalists' access to the Pentagon, finding the Trump administration rule unconstitutional. The challenge was brought by the New York Times and reporter Julian E. Barnes, the Washington Post reports. US District Judge Paul L. Friedman in Washington, DC, ruled that the press policy cannot be enforced because it violates the First Amendment and Due Process Clause. He emphasized that, during the current war with Iran, it is "more important than ever" for the public to receive information about government actions from multiple viewpoints.
The Pentagon directive, introduced in October, called for canceling journalists' credentials if they sought information the military had not specifically approved for release, even when the information was not classified. The change prompted reporters from major outlets, including the Times, the Post, and networks, to refuse to sign and surrender their press passes. The lawsuit said that of the 56 news outlets in the Pentagon Press Association, just one agreed to sign an acknowledgment of the new terms, per the Guardian. The Pentagon replaced its press corps with representatives of pro-Trump outlets and media personalities such as Laura Loomer, Jack Posobiec, and former Rep. Matt Gaetz.
That change, the Times argued, shows that the goal was to stifle unflattering coverage of the Pentagon. The administration argued that the policy consisted of "common sense" rules. "The goal of that process is to prevent those who pose a security risk from having broad access to American military headquarters," government attorneys wrote, per the AP. In his ruling, Friedman, a Bill Clinton appointee, wrote that the policy "makes any newsgathering and reporting not blessed by the Department a potential basis for the denial, suspension, or revocation of a journalist's" credentials. The Pentagon did not immediately comment on the ruling.
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