New York Times sues Pentagon over new restrictions on reporting

The New York Times filed a lawsuit against the Pentagon on Thursday, accusing the US defense department of infringing on the constitutional rights of its journalists with its new reporting restrictions. The restrictions imposed in October require reporters to sign a pledge that they will not obtain unauthorised material, and restricts access to certain areas unless accompanied by an official. In a summary of the filing, the New York Times called it “exactly the type of speech- and press-restrictive scheme that the Supreme Court and D.C. Circuit have recognized violates the First Amendment.” The New York Times is asking the US district court in Washington to issue an order stopping the Pentagon from enforcing the press policy.

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The New York Times “intends to vigorously defend against the violation of these rights, just as we have long done throughout administrations opposed to scrutiny and accountability,” the company said in a statement.

The Pentagon rules require reporters to sign a 21-page form that sets limits on journalistic activities, including requests for story tips and inquiries to sources.

Pentagon officials have said access to military facilities is a privilege subject to regulation. The policy “is about preventing leaks that damage operational security and national security,” a Pentagon statement said in October. “It’s common sense.”

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The rules came into effect as defense secretary Pete Hegseth decided to curtail the access and privileges of the Pentagon press corps.

Hegseth arrived at the Pentagon after a bruising confirmation process that surfaced allegations of excessive drinking and sexual assault, which he said were untrue. The department later stripped several national news outlets of their workspaces in the Pentagon, offering them mostly to conservative outlets.

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When the final rules were released on Oct. 6, dozens of credentialed journalists surrendered their badges instead of signing the document, but the outlets continued military reporting.

Besides the New York Times, The Guardian, the Washington Post, the Atlantic, CNN, Reuters, the Associated Press, NPR, HuffPost, and the trade publication Breaking Defense also refused to sign the agreement.

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In a press briefing on Wednesday, a senior Times lawyer said that there had been discussions with other news organizations about joining the suit but that the newspaper had decided to proceed alone.