New York Times Sues Pentagon Over First Amendment Rights
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Source: New York Times
By Erik Wemple
Reporting from Washington
Dec. 4, 2025
Updated 1:46 p.m. ET
The New York Times accused the Pentagon in a lawsuit on Thursday of infringing on the constitutional rights of journalists by imposing a set of new restrictions on reporting about the military. In the suit, filed in the U.S. District Court in Washington, The Times argued that the Defense Department’s new policy violated the First Amendment and “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 rules, which went into effect in October, are a stark departure from the previous ones, in both length and scope. They require reporters to sign a 21-page form that sets restrictions on journalistic activities, including requests for story tips and inquiries to Pentagon sources. Reporters who don’t comply could lose their press passes, and the Pentagon has accorded itself “unbridled discretion” to enforce the policy as it sees fit, according to the lawsuit.
The suit said that “reporting any information not approved by department officials” could lead to punishment, “regardless of whether such news gathering occurs on or off Pentagon grounds, and regardless of whether the information at issue is classified or unclassified.” The complaint sought a court order halting enforcement of the rules and a declaration that the provisions “targeting the exercise of First Amendment rights” were unlawful. The Times has retained Theodore J. Boutrous, a First Amendment lawyer who has argued major media access cases in federal court. Julian E. Barnes, a Pentagon reporter for The Times, is listed as a plaintiff alongside the company.
Sean Parnell, the chief spokesman for the Pentagon, said in a statement: “We are aware of the New York Times lawsuit and look forward to addressing these arguments in court.” The new rules are the latest step in a monthslong effort by Pete Hegseth, the defense secretary, to curtail the access and privileges of the Pentagon press corps.
Read more: https://www.nytimes.com/2025/12/04/business/media/new-york-times-pentagon-lawsuit.html
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