The restrictions, introduced in October 2025 under Defense Secretary Pete Hegseth, allowed for the revocation of accreditation for journalists who sought information from Pentagon officials without permission, including unclassified data. This gave the department the ability to interpret some reporters as a national security threat.
The New York Times filed a lawsuit against this policy, claiming that the new rules allowed the Pentagon to arbitrarily regulate media access and replaced the independence of journalism with a system of pre-approval for materials.
Judge Friedman pointed out that these restrictions violate the First and Fifth Amendments of the U.S. Constitution, as the wording is too vague and broad. He noted that this created a threat of sanctions for any independent journalistic investigation not approved by the department and did not provide a clear understanding of the limits of information that could be requested.
Friedman also emphasized that in times of military action and overseas operations, it is crucial for the public to receive information about government actions from various sources.
The Pentagon expressed disagreement with the court's decision and intends to appeal it. According to Reuters, only one of the 56 media outlets in the Pentagon press corps agreed to sign the new rules, after which the department created a new pool of media more loyal to the administration.
