Judge Signals Likely Block on Pentagon’s Controversial Press Access Policy, Questioning First Amendment and Journalists’ Rights

A US judge signalled he may block a Pentagon policy that restricts press access and could label journalists as security risks if they ask Defence Department employees for classified or certain unclassified information.

 

During nearly two hours of arguments in Washington, US District Judge Paul Friedman questioned lawyers representing the administration of Donald Trump about whether the policy violates the First Amendment protections of press freedom and free speech. The legal challenge was brought by The New York Times.

 

Friedman suggested the rules could undermine traditional reporting practices. “Reporters have to be able to ask a question,” he told government lawyers, noting that officials could simply refuse to answer on national security grounds.

 

The judge also criticised the policy for granting defence officials broad discretion to decide which media organisations receive building passes to the The Pentagon, enabling them to attend briefings, meet officials and speak with sources.

 

Introduced in October, the policy requires journalists to acknowledge that they could lose their Pentagon press credentials if they request classified or certain unclassified information from defence personnel. The administration has defended the rules as a pragmatic measure to protect national security while maintaining press access.

 

Friedman, however, said the policy could interfere with constitutionally protected press freedoms, stressing that independent reporting on the military is particularly vital amid recent US interventions in Venezuela and Iran.

 

The lawsuit argues that the restrictions violate both the First Amendment and the Fifth Amendment’s guarantee of due process. Although the judge did not issue a ruling at the hearing, he indicated that a decision would come soon.

 

At least 30 media organisations — including Fox News, The Washington Post and Reuters — refused to sign the policy and gave up their Pentagon press credentials, warning that the rules threaten press freedom.

 

Since then, the Pentagon has assembled a new press corps largely made up of outlets supportive of Trump. The Defence Department declined to comment after Friday’s hearing.

 

The case follows a separate lawsuit by Associated Press against senior Trump aides after the White House limited the news agency’s access to press events over its continued use of the name “Gulf of Mexico” despite an executive order renaming it the “Gulf of America.”

 

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