Federal judge to hear arguments about Pentagon’s restrictions on press access
WASHINGTON — A federal judge in the nation’s capital will convene on Friday to address the legality of new Department of Defense regulations requiring credentialed journalists to report only on information officially cleared by the government, or face revocation of their Pentagon press badges.
The New York Times’ legal team contends the policy, implemented in mid-2025, aims to limit journalists’ ability to question government officials and uncover stories that go beyond official statements. The 21-page agreement, which media outlets were asked to sign, bars the collection or dissemination of unapproved information, including classified data and off-the-record discussions, whether within or outside the Pentagon’s premises.
“The Policy was not promulgated in a vacuum,” said Theodore J. Boutrous Jr., representing The New York Times. “Pentagon leadership has faced a stream of what it perceives to be unfair and unfavorable press coverage and, in response, promulgated the Policy to jettison journalists and news organizations whose reporting the Department disfavors, and to chill future reporting critical of the Pentagon.”
Major broadcasters such as NBC News refused to sign the agreement, resulting in the loss of routine Pentagon access. The Department of Justice, in defense of the policy, argues it is “reasonable” as it balances national security concerns with the privilege of press access. “The Department could have decided not to allow any press access to the Pentagon: access to the Pentagon is a privilege, not a right,” stated Michael Bruns, a DOJ attorney.
Meanwhile, journalists whose credentials were revoked were granted temporary entry to the Pentagon this week for briefings on the Iran conflict led by Defense Secretary Pete Hegseth and Joint Chiefs Chairman Dan Caine. In a sworn declaration, former Assistant Secretary of Defense for Public Affairs Pete Williams, now an NBC News correspondent, criticized the policy as undermining public trust in the military.
“When I was at the Department, we did not decide who was eligible to obtain or maintain a press credential based on whether we thought a particular reporter or news organization would report favorably about the Department or its leadership,” Williams wrote. “There were times when journalists published critical stories or reported information that Department officials believed had come out too soon or wished had not been made public. But Department leadership understood and respected the role of an independent press in our democracy, and cutting off access to the Pentagon for journalists could never stop reporting that was critical of the Department.”
Williams emphasized the importance of in-person access to quality journalism: “Trying to cover the Justice Department or the Pentagon without regularly being present in the building is like trying to write a restaurant review without going to the restaurant and trying the food.” The case echoes last year’s AP lawsuit against the Trump administration’s ban on White House event access, which was upheld by a federal appeals court pending further review.
Gary Grumbach, an NBC News legal affairs reporter based in Washington, D.C., contributed to the coverage of this development.
