New York Times sues Defense Department, Hegseth over media policy
"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 lawsuit argues
The New York Times on Thursday sued the Defense Department, Defense Secretary Pete Hegseth, and chief DOD spokesperson Sean Parnell over the Pentagon's new media policy.
The policy, announced in September, requires media outlets to pledge not to gather information that is not formally authorized for release by defense officials, NPR reported. It also bans credentialed journalists from reporting unclassified material that isn't expressly approved for public consumption by DOD officials.
The Times argues that the policy is an attempt to force reporters to rely only on officials for news involving the military and would unlawfully allow them to be punished if they do not.
The DOD didn't immediately respond to NPR's request for comment.
The Times alleges in court documents that the policy violates First Amendment protections.
"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 complaint reads. "The Policy abandons scrutiny by independent news organizations for the public's benefit, and it violates the Constitution’s guarantees of due process, freedom of speech, and freedom of the press."
The newspaper argues that reporters' due process was violated by the Pentagon when it created the policy without warning or any path to appeal.
The Times also noted a court decision from the first Trump administration, which required the White House to return the permanent press pass of then-Playboy reporter Brian Karem and the press pass of then-CNN White House correspondent Jim Acosta.