A federal judge in Washington, D.C., has blocked a Pentagon policy that sought to limit what journalists are able to report about the U.S. military, ruling in favor of The New York Times in a case that raised fundamental questions about the freedom of the press.
The Pentagon policy, unveiled last September, required media organizations to pledge not to gather information unless officials from the Department of Defense formally authorized its release. The policy extended beyond classified information, and included a prohibition on reporting even unclassified material without the approval of Pentagon officials.
The policy prompted widespread condemnation from press freedom groups, and led multiple news organizations to forfeit their Pentagon press passes, rather than comply. NPR is among the organizations that turned in its press passes, but has continued vigorous reporting on the Pentagon.
The rules also spurred a lawsuit from the Times, which filed suit in December against the Pentagon, Defense Secretary Pete Hegseth and chief Pentagon spokesman Sean Parnell. In its suit, the Times said the Pentagon policy violated the First Amendment and would “deprive the public of vital information about the United States military and its leadership.”
In the ruling late Friday, U.S. District Court Judge Paul L. Friedman sided with the Times, writing that the First Amendment was designed to empower 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.”
In a statement, a Times spokesperson said the ruling marked a welcome enforcement of the free press’ constitutionally protected 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,” said the statement from spokesperson Charlie Stadtlander.
Parnell, the Pentagon spokesman, responded to the ruling in a statement posted to social media, saying the department planned to challenge the order.
“We disagree with the decision and are pursuing an immediate appeal,” he said.
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.
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