On Thursday, The New York Times announced its lawsuit against the Defense Department, now the Department of War, for allegedly infringing on reporters’ Constitutional rights after officials imposed new restrictions at the Pentagon earlier this year.
The Times’ lawsuit argues the new rules violate journalists’ First and Fifth Amendment rights and “will deprive the public of vital information about the United States military and its leadership.”
In October, the Trump Administration laid out the new rules requiring reporters to sign a 21-page form restricting various activities, from inquiries to Pentagon sources to making requests for story tips. Journalists who opted not to follow the new policy, ultimately had their press passes revoked.
“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 lawsuit reads.
According to the new rules, reporters could face punishment for reporting on information not previously “approved by department officials — regardless of whether such newsgathering occurs on or off Pentagon grounds, and regardless of whether the information at issue is classified or unclassified,” the lawsuit states.
Along with the Times, Pentagon reporter Julian Barnes is listed as a plaintiff. The lawsuit names the Department of War Sec. Pete Hegseth, Pentagon spokesperson Sean Parnell and the Defense Department as the defendants.
The lawsuit argues that the policy violates reporters’ First Amendment rights, suggesting that the policy’s provisions are not prompted by any specific security or safety concerns. The ramification of publishing information without Pentagon approval also violates the First Amendment, the outlet alleges.
Stripping reporters of their Pentagon press passes, which the lawsuit defines as a “liberty interest,” violates reporters’ Fifth Amendment right to due process of law, the suit states.
Multiple news agencies, including the Times, ABC News, NBC News, CNN, The Guardian, The Atlantic, Financial Times, The Hill, Politico and NPR, refused to sign on to the Pentagon’s new press policy earlier this fall.
Despite the mass exit, the Department of War announced that more than 60 journalists agreed to the new policy. This includes far-right websites such as Human Events; its partner company, Canadian website the Post Millennial; the National Pulse; The Gateway Pundit; and LindellTV, started by MyPillow CEO and President Trump ally Mike Lindell.
Earlier this week, former Rep. Matt Gaetz (R-Fla.) and Trump ally Laura Loomer were among members of the press at a Pentagon press briefing. Gaetz serves as one of the hosts of One America News Network, the first news organization to agree to the Pentagon’s new policy.
The briefing was used to announce the “next generation” of the Pentagon press corps, Parnell posted on the social platform X.
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Most of the news agencies suing are those known for their fake news reporting.