New York Times reporters are expected to return to the Pentagon on Monday, more than five months after the paper and dozens of news outlets gave up their credentials in response to a new restrictive press policy.
The Times sued the Defense Department in December, arguing that the policy violated the First and Fifth Amendments. Senior Judge Paul Friedman of the U.S. District Court ruled Friday that the policy was unconstitutional and ordered the Pentagon to restore the press credentials for Pentagon reporter Julian Barnes — a plaintiff in the case — as well as any other Times journalists.
“We’ve heard from the Pentagon and they’ve indicated our journalists will get space and credentials today at some point,” a Times spokesperson told TheWrap on Monday.
The Pentagon did not immediately respond to a request for comment.
News outlets rejected new Pentagon guidelines last fall that required them to acknowledge that “soliciting or encouraging government employees to break the law falls outside the scope of protected newsgathering activities.”
Judge Friedman wrote that “obtaining and attempting to obtain information is what journalists do” and “a primary way in which journalists obtain information is by asking questions.”
Under the policy’s terms, he wrote, “essential journalistic practices that the plaintiffs and others engage in every day — such as asking questions of Department employees — could trigger a determination by the Department that a journalist poses a security or safety risk.”
In a statement Friday, the Times welcomed the judge’s ruling, “which enforces the constitutionally protected rights for the free press in this country” and that “reaffirms the right of The Times and other independent media to continue to ask questions on the public’s behalf.”
“We disagree with the decision and are pursuing an immediate appeal,” Pentagon chief spokesman Sean Parnell wrote Friday on X.
It remains unclear whether reporters from outlets that rejected the Pentagon’s policy — including CNN, Fox News, ABC, NBC, CBS, the Washington Post, and the Associated Press — will eventually regain access. A number of right-wing outlets and influencers accepted the Pentagon’s policy after the mainstream media exodus and were given credentials.
A couple news organizations told TheWrap that they are trying to regain access.
“Reuters was gratified to see the court’s ruling Friday and is seeking reinstatement of credentials for its journalists, who have continued to cover the Pentagon throughout this situation,” a spokesperson said.
An AP spokesperson said, “We welcome the court’s decision and have requested reinstatement of our credentials so we can regularly report from the Pentagon again on the public’s behalf.”
