The New York Times has filed a lawsuit against the Defense Department and Defense Secretary Pete Hegseth, challenging a new Pentagon media policy introduced in September that it says violates constitutional protections for free speech, a free press and due process by sharply limiting journalists’ ability to report information that has not been formally approved by defense officials.
The New York Times on Thursday filed suit in federal court against the Defense Department, Defense Secretary Pete Hegseth and chief Pentagon spokesperson Sean Parnell, arguing that a new press credentialing policy unlawfully restricts access for independent news organizations.
The policy, unveiled in September, requires credentialed media outlets to pledge not to gather or report information unless it has been expressly approved for public release by an appropriate Defense Department official, including in some cases information that is unclassified. The Times contends in its court filings that the rules are designed to force reporters to rely solely on Pentagon officials for news about the military and would permit punishment of journalists who publish material that has not been cleared.
The Times and NPR are among the organizations that chose to surrender their Pentagon press credentials in October rather than accept the new conditions, according to NPR’s reporting. Other major outlets also declined to sign the policy and forfeited their badges, while continuing to cover the Defense Department from outside the building.
Despite the loss of credentials, news organizations have continued to report aggressively on U.S. military operations, including strikes on Iranian nuclear-related sites and against Venezuelan vessels, coverage that has at times undercut official public accounts, NPR reports.
The lawsuit also arrives as Defense Department Inspector General findings have drawn scrutiny to Hegseth’s use of private Signal chats with senior officials to discuss pending U.S. airstrikes in Yemen. An inspector general review concluded those communications could have placed American troops at risk, according to NPR. The existence of the chats was first revealed by Jeffrey Goldberg, editor in chief of The Atlantic, after his number was mistakenly added to the group.
In its legal brief, the Times argues that the Pentagon’s press policy violates First Amendment guarantees of free speech and a free press. “It is exactly the type of speech and press-restrictive scheme that the Supreme Court and D.C. Circuit have recognized violates the First Amendment,” the filing states, adding that the policy “abandons scrutiny by independent news organizations for the public’s benefit,” as quoted by NPR.
The paper further alleges that the department violated its journalists’ rights to due process under the Fifth Amendment by changing credentialing rules and acting on press passes abruptly and without a clear mechanism for appeal. In making its case, the Times cites earlier court fights during Donald Trump’s first term, when the White House was ordered to restore the press credentials of reporters Brian Karem and Jim Acosta after they were revoked.
NPR notes that the restrictions put in place by Hegseth track with broader efforts in Trump’s second term to target news outlets whose coverage the administration considers hostile. Earlier this week, the White House unveiled an online “media bias offender tipline,” inviting the public to flag coverage it views as unfair, according to NPR’s account.
The September policy followed an earlier set of rules Hegseth announced in May that limited reporters’ ability to move unescorted through many parts of the Pentagon, breaking with long-standing practices under both Republican and Democratic administrations.
Hegseth, a military veteran and former Fox News host who gained prominence with President Trump through his on-air appearances, defended his approach in a social media post this year, writing, “The ‘press’ does not run the Pentagon — the people do,” according to NPR.
Parnell, the Pentagon’s chief spokesperson and a defendant in the suit, said in a statement carried by NPR outlets: “We are aware of the New York Times lawsuit and look forward to addressing these arguments in court.” Gabe Rottman, vice president of policy at the Reporters Committee for Freedom of the Press, criticized the policy as unlawful because it grants officials sweeping discretion over who receives a credential, arguing that such unchecked power is incompatible with the First Amendment.
At the same time, the Pentagon has formally brought in a new press corps composed largely of outlets and commentators willing to abide by the rules and seen as sympathetic to Trump. Among the newcomers are far-right activist Laura Loomer, the Gateway Pundit and LindellTV, an online outlet backed by MyPillow founder Mike Lindell, who has supported Trump’s false claims of widespread fraud in the 2020 election, according to NPR.
Welcoming the new group this week, Pentagon press secretary Kingsley Wilson told the assembled reporters, “We’re glad to have you. Legacy media chose to self-deport from this building. And if you look at the numbers, it’s pretty clear why no one followed them. National trust in these mainstream media outlets has cratered to 28 percent, the lowest ever recorded. The American people don’t trust these propagandists because they stopped telling the truth,” NPR reports.
The Times, joined in the case by national security reporter Julian E. Barnes, is seeking a declaration that the Pentagon’s policy is unconstitutional and an order restoring its press credentials, according to court filings described by NPR and other outlets.
