* New York Times ( NYT ) lawsuit alleged policy violated free
speech rights
* Government said policy necessary for national security
* Judge says public should have access to information
from different perspectives
(Adds Pentagon statement in paragraph 4)
By Jack Queen
NEW YORK, March 20 (Reuters) - A federal judge on Friday
blocked the Trump administration's restrictive Pentagon press
access policy, which threatens journalists with being branded
security risks if they seek information not authorized for
public release.
The lawsuit by the New York Times ( NYT ) in Washington,
D.C., federal court alleged that policy changes by the Defense
Department last year gave it free rein to freeze out reporters
and news outlets over coverage the department did not like, in
violation of the Constitution's protections for free speech and
due process. The government disputed that characterization and
said the policy is reasonable and necessary for national
security.
U.S. District Judge Paul Friedman said in his ruling that he
recognized the importance of protecting troops and war plans but
that it was "more important than ever that the public have
access to information from a variety of perspectives about what
its government is doing" in light of President Donald Trump's
recent "incursion" into Venezuela and war with Iran.
Pentagon spokesman Sean Parnell said on social media that the
government disagrees with the decision and will seek an
immediate appeal.
New York Times ( NYT ) spokesman Charlie Stadtlander said the
ruling enforces constitutionally protected rights for the free
press and "reaffirms the right of The Times and other
independent media to continue to ask questions on the public's
behalf."
"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," Stadtlander said in a statement on
Friday.
MOST NEWS OUTLETS DID NOT SIGN ON TO NEW POLICY
The changes approved under Defense Secretary Pete Hegseth in
October 2025 state that journalists can be deemed security risks
and have their press badges revoked if they solicit unauthorized
military personnel to disclose classified, and in some cases
unclassified, information.
Of the 56 news outlets in the Pentagon Press Association,
only one agreed to sign an acknowledgment of the new policy,
according to the Times' lawsuit. Reporters who did not sign
surrendered their press passes.
The Pentagon assembled a new press corps consisting of
pro-Trump outlets and media personalities after the exodus of
reporters, which the Times said was evidence that the policy was
aimed at stifling unflattering coverage.
The policy states that publishing sensitive information "is
generally protected by the First Amendment" but says soliciting
that information could be considered by officials when
determining whether a reporter poses a "security or safety
risk."
In its lawsuit, the Times said the policy unlawfully
restricts essential newsgathering techniques and gives the
Pentagon "unfettered" discretion to revoke passes, permitting it
to impose the type of "viewpoint-based" press restrictions
forbidden by the Constitution.
Justice Department lawyers acknowledged the policy was
partly subjective but said press credentialing decisions were
still governed by neutral, objective criteria. The government
also said soliciting military personnel to commit a crime by
disclosing unauthorized information was not legally protected
speech.
In his ruling on Friday, Friedman said the policy violated
the First and Fifth Amendments because it was vague, overly
expansive and "makes any newsgathering and reporting not blessed
by the Department" a possible basis for revocation of a
journalist's pass.
He also rejected the government's argument that the policy
is aimed at preventing criminal solicitation of defense secrets
by journalists, saying it was impossible for reporters to know
whether information they seek is authorized for release.
The policy change was criticized by journalism advocates,
who called it another attack on the free press by Trump and his
administration.
Freedom of the Press Foundation advocacy chief Seth Stern
praised Friday's ruling in a statement, saying it was "shocking"
that the government had argued that "journalists asking
questions of the government is criminal."
The Associated Press has a pending lawsuit against Trump
administration officials over its removal from the White House
press corps after the news agency decided to continue using the
Gulf of Mexico's established name, while acknowledging Trump's
executive order calling on U.S. institutions to refer to it as
the Gulf of America.
The AP said the decision was illegal viewpoint-based
discrimination, while the government countered that it had wide
discretion over press access decisions for non-public spaces.