New York Times to Sue Pentagon Over First Amendment Rights

[mahatmakanejeeves]

Source: New York Times

New York Times to Sue Pentagon Over First Amendment Rights

The company plans to say in a lawsuit that the Defense Department's new reporting restrictions infringed on the constitutional rights of journalists.


A new set of press restrictions at the Pentagon took effect in October. Tierney L. Cross/The New York Times

By Erik Wemple
https://www.nytimes.com/by/erik-wemple
Reporting from Washington
Dec. 4, 2025, 5:00 a.m. ET

The New York Times says it plans to sue the Pentagon, arguing that the Defense Department infringed on the constitutional rights of its journalists by imposing a set of new restrictions on reporting about the military. (1) ... The Pentagon policy "is exactly the type of speech- and press-restrictive scheme that the Supreme Court and D.C. Circuit have recognized violates the First Amendment," the company said in a summary of the filing. The lawsuit will be filed on Thursday in U.S. District Court in Washington, The Times said.

The Pentagon rules, which went into effect in October, require reporters to sign a 21-page form that sets limits on journalistic activities, including requests for story tips and inquiries to sources. The new guidelines are a stark departure from the previous ones, in both length and scope. (2)

According to the lawsuit summary, the purpose of the Pentagon policy is "to close the doors of the Pentagon -- those areas that have historically been open to the press -- to news organizations, like plaintiffs, that investigate and report without fear or favor about the actions of the department and its leadership."

{snip}

After the departure of the legacy press corps, the Pentagon announced that a new group of outlets had agreed to the restrictions and would work from the press space in the building. The new arrivals feature an array of pro-Trump outlets that have echoed administration talking points and show little inclination to investigate its actions. (3)

(1) https://www.nytimes.com/interactive/2025/10/15/business/media/pentagon-press-rules.html

(2) https://www.nytimes.com/interactive/2025/10/15/business/media/pentagon-press-rules.html

(3) https://www.nytimes.com/2025/12/02/business/media/pentagon-press-corps-briefing-gaetz-loomer.html

Read more: https://www.nytimes.com/2025/12/04/business/media/new-york-times-pentagon-lawsuit.html

[J_William_Ryan]

1. The Pentagon rules

clearly violate freedom of the press.

But there's no telling with this Supreme Court.