The New York Times on Thursday sued the Department of Defense, arguing the department’s new restrictions for journalists infringe upon the newspaper’s constitutionally protected rights.
“The policy, in violation of the First Amendment, seeks to restrict 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,” the Times wrote in its 97-page filing.
“These developments place the purpose and effect of the Policy in stark relief: 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 continues.
The lawsuit argues against Secretary of Defense Pete Hegseth’s new host of restrictions for credentialed media, introduced in late September, which resulted in nearly every major news organization surrendering their in-house access to the agency.
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In their place, the department welcomed a host of more friendly conservative news organizations and influencers who have expressed more willingness to take direction from officials.
As part of Hegseth’s new guidelines, strict limits have been imposed on how journalists can interact with military personnel, requiring prior approval for interviews and on-the-record conversations. Access to the building has become highly restricted without an approved escort, and reporters must sign nondisclosure agreements requiring them to agree to not publish unapproved information, even if it is unclassified.
In a statement to NOTUS, Pentagon spokesperson Sean Parnell said, “We are aware of The New York Times lawsuit and look forward to addressing these arguments in court.”
The cohort of award-winning veteran journalists in the Pentagon press corps were replaced throughout the fall with right-wing media influencers including Trump ally Laura Loomer, Raheem Kassam, the editor in chief of the populist conservative news site National Pulse, and chief executive of MyPillow Mike Lindell.
The newly accredited press corps hosted its first briefing Tuesday. Pentagon press secretary Kingsley Wilson took mostly softball questions from former Rep. Matt Gaetz, Project Veritas founder James O’Keefe and others, but she mostly failed to answer questions on the department’s ongoing airstrikes on boats in the Caribbean Sea and Pacific Ocean, threats of land strikes in Venezuela and reports that Iran is rebuilding its nuclear capabilities.
The Times’ lawsuit seeks a court order to halt the enforcement of the Pentagon’s new policy and a declaration that the provisions “targeting the exercise of First Amendment rights” were unlawful.
“There is no legitimate, let alone compelling, justification for the provisions of the Policy targeting lawful newsgathering and reporting,” the Times’ lawsuit reads. “Purposefully vague and overbroad provisions designed to give Department officials free rein to grant or deny Pentagon access to journalists and media outlets on the basis of viewpoint.”
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