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December 04, 2025 – USA –
The New York Times has filed a federal lawsuit against the U.S. Department of Defense, challenging sweeping new media rules that journalists say threaten the core of press freedom and undermine the public’s right to scrutinize military power. The complaint, submitted in the District Court for Washington, D.C., argues that the Pentagon’s revised credentialing policy violates both the First and Fifth Amendments by imposing vague, restrictive conditions on reporters seeking access to the building.
The dispute centers on a policy introduced in October 2025 requiring journalists to pledge they will not solicit or publish “non-public information,” a term that media organizations argue is so broadly defined it effectively blocks routine newsgathering. Under the rules, the Defense Secretary holds unilateral authority to revoke credentials without establishing clear standards or due-process protections. The Times, joined in the suit by national security correspondent Julian E. Barnes, says this amounts to an unconstitutional prior restraint designed to deter investigative reporting.
The new system has already reshaped Pentagon coverage. Dozens of major outlets — including Reuters, The Associated Press, CNN, and The Washington Post — surrendered their long-held press badges rather than sign the pledge, leaving the Pentagon’s corridors unusually empty of independent reporters. Media groups warn that the policy could enable selective access based on political preference, weakening accountability in an era when military actions carry significant global consequences.
According to the lawsuit, the Pentagon has offered no legal justification for the changes, which appear to grant officials sweeping discretion over which journalists can enter the building and what questions they may ask. First Amendment scholars say the policy would give the government unprecedented control over national-security reporting and could set a dangerous precedent across federal agencies.
The Defense Department has not commented on the litigation, though officials insist the rules were designed to protect sensitive information. The Times argues that adequate mechanisms to safeguard classified material already exist — and that the new restrictions simply suppress journalism that challenges official narratives.
As the case moves forward, press-freedom advocates describe it as one of the most consequential tests of U.S. media rights in decades. The outcome may determine whether the Pentagon can impose sweeping limits on the press — or whether the courts will reaffirm that transparency remains essential to democratic oversight.
Reference –
https://www.reuters.com/legal/government/new-york-times-sues-pentagon-over-press-access-2025-12-04/
https://www.nytimes.com/2025/12/04/business/media/new-york-times-pentagon-lawsuit.html
