New York Times Sues Pentagon Over Press Rules, Citing First Amendment Violations

Pentagon press briefing room

The New York Times has filed a federal lawsuit against the Department of Defense and its secretary, Pete Hegseth, challenging new press access rules that the newspaper claims are an unconstitutional assault on the First Amendment. The legal action escalates a months-long conflict between the media and the Trump administration over press freedom at the nation's military headquarters.

The lawsuit focuses on a policy implemented in the fall that requires journalists to acknowledge that their press credentials could be revoked if they solicit information not officially approved for release. This applies even to unclassified material. The Times argues that this provision creates a chilling effect on newsgathering, making it difficult for reporters to hold the nearly $1 trillion U.S. military accountable. In a statement, the newspaper asserted the policy undermines constitutionally protected news gathering.

This legal challenge follows a widespread protest in October when dozens of journalists from major news organizations chose to vacate their Pentagon offices rather than agree to the new restrictive terms. The coalition of outlets included The Associated Press, Reuters, CNN, Fox News, and The Washington Post. In a rare display of unity, the five major broadcast networks issued a joint statement calling the policy unprecedented.

The Pentagon, which Hegseth has sought to rename the Department of War, has defended the measures as a 'common sense' necessity for national security. A spokesperson stated the policy simply asks reporters to acknowledge the rules, not agree with them, and aims to prevent the solicitation of criminal acts. President Donald Trump has publicly supported Hegseth, stating he “finds the press to be very disruptive.” Most media organizations have argued that the rules effectively prevent reporters from performing essential journalistic duties.

While most news outlets refused to sign, One America News Network was reported to have accepted the new policy. The Pentagon Press Association, which represents over 100 reporters, has strongly condemned the rules, warning they threaten to gag Pentagon employees and enable retaliation against journalists. The lawsuit by The New York Times now moves the contentious debate from the press room to the courtroom.