Pentagon restrictions on press violate First Amendment, judge rules
A federal judge has blocked parts of the Defense Department’s Pentagon press access policy, finding it violates the First and Fifth Amendments.
District Judge Paul L Friedman ruled for The New York Times, which sued after strict limits were imposed on what reporters could gather and publish. Major outlets including CBS News, ABC News, NBC News, CNN, Fox News and BBC News lost regular access. The ruling halts some provisions but leaves others in place. The Pentagon said it disagrees and will appeal.
Implemented in October, the policy required reporters to sign an agreement that any information they gather must be approved before release, even if unclassified. Those who refused were denied daily access. After most major outlets declined, the press corps was largely made up of conservative outlets such as One America News Network that agreed to sign.
Friedman struck down a provision allowing reporters who “solicit” sensitive information to be barred as too vague, and blocked language saying access is a “privilege” not a “right,” ruling it cannot be denied unreasonably or based on viewpoint. He kept escort requirements in some areas.
