Federal judge appears skeptical of Pentagon’s restrictions on press access

Federal judge appears skeptical of Pentagon’s restrictions on press access

WASHINGTON — U.S. District Judge Paul Friedman displayed reservations about the Pentagon’s new guidelines limiting press access during a hearing on Friday. The judge scrutinized the legal basis of the Department of Defense’s rule, which mandates that credentialed journalists report exclusively on information cleared by the government, or risk losing their press credentials at the Pentagon. A decision is anticipated within the next few weeks.

Friedman emphasized the importance of free inquiry, stating, “Asking a question is not a crime.” He challenged Justice Department attorney Michael Bruns, remarking, “All you’ve got to say is ‘I can’t answer.’” The judge underscored that reporters must retain the right to pose questions without fear of censorship.

“The Policy was not promulgated in a vacuum,” Theodore J. Boutrous Jr., representing The New York Times, argued in a recent filing. “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.”

Under the 21-page agreement, media outlets must agree to restrict their reporting to government-approved material, including declassified data and off-the-record discussions. Failure to comply could lead to suspension of Pentagon access. The Pentagon Press Association’s David Schulz described the policy as “how authoritarian governments stay in power, it’s not how democracy works.”

Bruns, defending the Department of Justice, contended the policy is “reasonable” as it aims to safeguard national security while permitting press entry. “Access to the Pentagon is a privilege, not a right,” he wrote. “The Department could have decided not to allow any press access, but its commitment to transparency means it permits certain media to work within its facilities.”

During the hearing, Friedman questioned the necessity of such restrictions, especially in the context of ongoing conflict. “Isn’t it more important than ever, now that we are at war, that the public have information in a variety of views about what their country is doing?” he asked. This week, journalists with revoked credentials were permitted to attend briefings by Defense Secretary Pete Hegseth and Joint Chiefs Chairman Dan Caine.

Former Assistant Secretary of Defense for Public Affairs Pete Williams, who later worked as an NBC News correspondent, testified that the policy undermines public trust. In a sworn declaration, he noted that during his tenure, press credentials were not revoked based on journalists’ perceived alignment with the Department. “There were times when journalists published critical stories or reported information,” Williams wrote, highlighting the shift in approach.