A federal judge issued an injunction Tuesday barring the Pentagon from requiring journalists to have an escort if they want to enter the building, saying Defense Secretary Pete Hegseth’s attempt to impose restrictions was retaliatory.
Judge Paul Friedman, a Clinton appointee, sided with The New York Times, which had sued to preserve access.
The judge said requiring an escort would chill reporters’ ability to carry out their journalistic duties under the First Amendment. It removes the chance for organic conversations with sources, and forces reporters to spend a chunk of their day waiting for Defense Department officials to provide an escort into the building.
And the restrictions were imposed to retaliate against the press generally and The New York Times in particular, the judge said.
“The court concludes on the record before it that the plaintiffs are likely to succeed on their First Amendment retaliation claim,” he wrote.
Judge Friedman had previously ruled against a Hegseth policy that pulled press credentials from reporters who wouldn’t agree to Pentagon restrictions on reporting and use of sources.
The Pentagon then responded with a new policy kicking all journalists out of the Pentagon’s press room, and ordering them to have an escort if they wanted to enter the building.
Judge Friedman ruled against that policy, saying it violated his original injunction. An appeals court disagreed, saying it was outside the scope of Judge Friedman’s first ruling.
So The New York Times filed a new lawsuit and Judge Friedman issued a new injunction Tuesday.
Judge Friedman’s ruling applies to any employees of The New York Times.
The judge pointed out that civilians who work at dry cleaners and coffee shops have access to the Pentagon.
“The notion that reporters should be treated worse than baristas, short order cooks, dry cleaners, or any other civilians given access to the Pentagon, surely ’is a perverse reading of the First Amendment,’” he wrote.
