A federal judge in Washington, D.C., has blocked 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 raised core press-freedom issues.
The policy released last September required news organizations to pledge they would not gather information unless the Department of Defense formally authorized its release. It applied not only to classified material but also barred reporting on unclassified information absent Pentagon approval.
The rules drew strong criticism from press-freedom groups and prompted several news organizations to surrender their Pentagon press credentials rather than comply. NPR was among those that gave up press passes but has continued robust reporting on the Pentagon.
The New York Times sued in December, naming the Pentagon, Defense Secretary Pete Hegseth and chief 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.”
Late Friday, U.S. District Court Judge Paul L. Friedman sided with the Times. Friedman wrote that the First Amendment was intended to allow the press to publish information in the public interest “free of any official proscription.”
“Those who drafted the First Amendment believed that the nation’s security requires a free press and an informed people and that such security is endangered by governmental suppression of political speech,” Friedman wrote. “That principle has preserved the nation’s security for almost 250 years. It must not be abandoned now.”
A Times spokesperson said the ruling was a welcome 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. Today’s ruling reaffirms the right of The Times and other independent media to continue to ask questions on the public’s behalf,” spokesperson Charlie Stadtlander said.
Pentagon spokesman Sean Parnell responded on social media, saying the department disagreed with the decision and would appeal immediately.
Disclosure: This story was written by NPR Congress Editor Jason Breslow. It was edited by Managing Editor Gerry Holmes and Deputy Managing Editor Desiree Hicks. Under NPR’s protocol for reporting on itself, no NPR corporate official or news executive reviewed this story before it was posted publicly.