A federal judge in Washington, D.C., has struck down a Pentagon policy that would have limited what journalists can report about the U.S. military, ruling in favor of The New York Times in a case that centered on press freedom.
The policy, issued last September, required news organizations to pledge they would not collect information unless the Department of Defense formally authorized its release. It covered classified material and also forbade reporting on unclassified information without Pentagon approval.
The rule drew wide criticism from press‑freedom groups and led several news organizations to relinquish Pentagon press credentials rather than comply. NPR was among those that gave up press passes but has continued reporting on the Pentagon.
The New York Times sued in December, naming the Pentagon, Defense Secretary Pete Hegseth and Pentagon spokesman Sean Parnell as defendants. The Times argued the policy violated the First Amendment and would ‘deprive the public of vital information about the United States military and its leadership.’
U.S. District Court Judge Paul L. Friedman ruled for the Times late Friday. Friedman emphasized that the First Amendment was designed to allow the press to publish matters of public interest ‘free of any official proscription.’ He wrote that the Founders believed national security depends on a free, informed public and that government suppression of political speech undermines that security.
A New York Times spokesperson called the decision a reaffirmation of the press’s constitutional rights. ‘Americans deserve visibility into how their government is being run, and the actions the military is taking in their name and with their tax dollars,’ spokesperson Charlie Stadtlander said. ‘Today’s ruling reaffirms the right of The Times and other independent media to continue to ask questions on the public’s behalf.’
Pentagon spokesman Sean Parnell said on social media the department disagrees with the ruling and plans to appeal immediately.
Disclosure: This story was written by NPR Congress Editor Jason Breslow and edited by Managing Editor Gerry Holmes and Deputy Managing Editor Desiree Hicks. Under NPR protocol for reporting on itself, no NPR corporate official or news executive reviewed this story before it was posted publicly.