The Pentagon has defended new restrictions on media access as a necessary step to protect "national security", in response to a lawsuit filed by The New York Times accusing the Department of Defense of violating constitutional protections for journalists.
In a court filing submitted late Friday, the Pentagon argued that its October 2025 policy “outlined explicit and clear standards for conduct” intended to prevent activities that could “compromise national security.”
The Defense Department stated that the restrictions strike a “reasonable balance” between press access and national defense, following The Times’ December lawsuit alleging violations of First and Fifth Amendment rights.
Under the new policy, reporters must sign a 21-page agreement that limits traditional reporting practices, such as requesting tips or contacting Pentagon staff without approval. Failure to comply can result in the revocation of press credentials.
The rules replaced a longstanding, more open system that allowed credentialed journalists to move freely within the Pentagon and work from an on-site newsroom.
Following the policy change, dozens of reporters declined to sign and returned their credentials. The Pentagon subsequently reorganized its press corps, welcoming commentators and influencers seen as aligned with the Trump administration.
The New York Times argues that the new restrictions are unconstitutional, claiming they allow the Pentagon “unfettered discretion” to revoke access, even for journalists engaged in lawful news gathering.
“The policy is an attempt to exert control over reporting the government dislikes,” said NYTspokesperson Charlie Stadtlander, referencing the lawsuit's claims that the rules undermine both First and Fifth Amendment rights.
The lawsuit also cites a social media post by Pentagon spokesperson Sean Parnell, who accused mainstream media of being “activists” and praised the new press corps.
The First Amendment protects fundamental freedoms related to _expression_, religion, assembly, and petitioning the government. Specifically, it guarantees that Congress cannot make laws that:
The Fifth Amendment provides legal protections in criminal and civil proceedings, focusing on due process and protection against government abuse. Key rights include:
The Pentagon rejected the accusation of viewpoint discrimination, saying it adjusted the policy in consultation with media representatives and emphasized that the new rules do not ban constitutionally protected journalism.
However, the department warned that journalists who seek classified or sensitive unclassified information, or encourage personnel to break disclosure laws, could be deemed a “security risk” and have credentials revoked.
“If the aim was to force out legacy news media, the department would not have accommodated so many of their requests and concerns in issuing,” the filing stated.
The NYT has asked the court to strike down key provisions of the policy and restore the previous system. Both parties have agreed to skip discovery, placing the case on a fast track.
Oral arguments are scheduled for March 6, 2026.