New York Times sues Pentagon over new press restrictions it says are ‘unconstitutional’ and punitive

The New York Times filed a lawsuit against the Department of Defense on Thursday over its new press access policy, which has significantly changed how reporters cover the Pentagon and which outlets are allowed inside.

The publication alleges in its complaint that new press restrictions implemented in October violate the First Amendment and Fifth Amendment by restricting “journalists’ ability to do what journalists have always done — ask questions of government employees and gather information to report stories that take the public beyond official pronouncements.”

Both War Secretary Pete Hegseth and Chief Pentagon Spokesperson Sean Parnell are named as co-defendants in the suit.

“The Pentagon has made clear that lawful, routine newsgathering techniques—asking questions of government employees and interviewing them for stories—whether on or off Pentagon grounds could, in the Department’s view, ‘constitute a solicitation that could lead to revocation’ of their [press credentials],” the complaint alleges.

The NYT says the true purpose of the change is to “fundamentally restrict coverage of the Pentagon by independent journalists and news organizations, either by limiting what kind of information they can obtain and publish without incurring punishment, or by driving them out of the Pentagon with an unconstitutional Policy.” The suit also points out that the policy allows officials to revoke press credentials at any time for publishing unapproved information.

“We are aware of the New York Times lawsuit and look forward to addressing these arguments in court,” Parnell told the Daily Caller News Foundation in a statement.

Nearly all outlets that formerly reported from the Pentagon did not sign the new agreement, including conservative outlets such as Fox News, Newsmax, and the Daily Caller. The Pentagon offered new press access to a slew of other right-wing outlets and influencers including LindellTV, Laura Loomer, and the National Pulse among many others.

The Pentagon Press Association, which represents the outlets affected by the new rule, said in a statement it is “encouraged by the New York Times’ effort to step up and defend press freedom.”

“The Defense Department’s attempt to limit how credentialed reporters gather the news and what information they may publish is antithetical to a free and independent press and prohibited by the First Amendment,” the association said. “We will review the Times’ complaint and consider how best to further support the constitutional rights of our members.”

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