The New York Times has filed a federal lawsuit against the Pentagon’s rules on press coverage, saying its restrictions on reporter access violate the newspaper’s First and Fifth Amendment rights.
The new rules, effective October, restrict journalists from reporting information not explicitly authorized for release and limit physical access within the Pentagon.
“If allowed to stand, that policy will upend the longstanding and ‘healthy adversarial tension between the government, which may seek to keep its secrets’ and ‘the press, which may endeavor to’ report them,” Thursday’s filing in the D.C. federal court reads.
Several news organizations, including The Washington Times, have refused to comply with the new policy and have removed reporters from the Pentagon.
The New York Times said in its lawsuit that the Pentagon policy “punishes journalists for ordinary newsgathering.”
The Pentagon has “made clear that lawful, routine newsgathering techniques,” such as asking questions to and interviewing government employees, could result in a journalist losing badge access, according to the lawsuit.
Department of Defense officials are authorized to revoke credentials for “publishing stories that Pentagon leadership may perceive as unfavorable or unflattering,” the lawsuit states.
Press organizations such as the Pentagon Press Association, Digital Content Next and the Reporters Committee for Freedom of the Press expressed support for the lawsuit, condemning the Pentagon policy.
“The White House Correspondents’ Association stands firmly with The New York Times in challenging the Pentagon’s unprecedented restrictions on press access,” said Weijia Jiang, president of the White House Correspondents’ Association. “Independent reporting on the U.S. military and its civilian leadership is essential in informing the American public about how the government is operating. The Times’ lawsuit is a necessary and vital step to ensure journalists can do their jobs.”
The New York Times asked the court to declare the policy “unlawful and unconstitutional” and prevent the Pentagon from enforcing the policy.
“The policy is an attempt to exert control over reporting the government dislikes, in violation of a free press’ right to seek information under their First and Fifth Amendment rights protected by the Constitution,” the newspaper said in a statement. “The Times intends to vigorously defend against the violation of these rights, just as we have long done throughout administrations opposed to scrutiny and accountability.”
