Judge sides with New York Times over Pentagon press policy

U.S. District Judge Paul Friedman on Friday ruled that large sections of the Pentagon’s press policy were unconstitutional. The October 2025 policy restricted press access to areas of the building near the Defense Secretary’s office. Under the policy, journalists given special press passes were required to agree not to improperly obtain unauthorized Defense Department information or publish it without approval, according to court documents.

Friedman ruled that most of the policy, including sections about obtaining information and consequences for violation of the rules, was unlawful and could not be enforced. He also ordered the Pentagon to reinstate press passes for seven New York Times journalists and file a report demonstrating its compliance within a week.

Most major media outlets had refused to sign the agreement, while many right-leaning new media sources agreed to the policy and gained Pentagon press access. The New York Times sued to strike down the policy in December 2025, according to court documents. Government attorneys previously argued that the policy was necessary to prevent people who posed a security risk from having broad access to military headquarters.

What reasoning did the judge give for his decision? The policy violated the First and Fifth amendment protections of free speech and due process, he wrote. He also argued that the policy did not provide fair notice of which lawful journalistic practices could result in the revocation of Pentagon press credentials. National security required a free press and an informed people, he wrote, adding that the policy amounted to government suppression of political speech. Friedman also wrote that the Pentagon’s comments surrounding the release of the policy showed that its purpose was to prevent the publication of information criticizing the Trump Administration.

How did the Pentagon react to the ruling? The Pentagon disagreed with the decision and was working on an immediate appeal, chief spokesman Sean Parnell said Friday. The Pentagon did not immediately respond to a request for comment on what its press rules would be in the meantime.

Dig deeper: Read Carolina Lumetta’s report on major media outlets’ refusal to agree to the policy.