The New York Times has filed a second lawsuit against the Pentagon, arguing that its recent policy requiring journalists to have official escorts when on Pentagon grounds is unconstitutional. The lawsuit, brought on behalf of the New York Times and reporter Julian E Barnes, names the Department of Defense, Secretary Pete Hegseth, Pentagon chief spokesperson Sean Parnell, and special adviser Timothy Parlatore as defendants.
Background of the Dispute
The Trump administration unveiled sweeping restrictions on press access at the US Department of Defense last September. In a suit filed in the US district court in Washington on Monday, the Times argued that an interim policy introduced in the spring had imposed 'utterly unreasonable' restrictions on journalists attempting to cover the department.
For decades, the Pentagon's press access policies allowed reporters unescorted access in unsecured corridors, enabling them to move from press office to press office and ask questions on short notice. However, a policy adopted in March 'breaks sharply from that history and tradition,' the paper argued. Now, reporters must call or email for an appointment, wait for a response, get an escort, ask their question, and return to the library outside the Pentagon – only to repeat the process for the next source.
Pentagon's Response
In response to the lawsuit, Pentagon spokesperson Sean Parnell dismissed the Times's lawsuit as 'nothing more than an attempt to remove the barriers to them getting their hands on classified information.' He maintained that the 'department's policy is completely lawful and narrowly designed to protect national security information from unlawful criminal disclosure.'
The Times argued that without 'meaningful access to the Pentagon,' Barnes and other journalists are 'deprived of unique, newsworthy information that can only be obtained in person and through such exchanges.' The lawsuit is asking the court to force the Pentagon to lift the restriction.
Previous Legal Actions
This is the second time the Times has sued the defense department over press access. In December, it sued over newly imposed restrictions, including requiring reporters to sign a form with strict rules on the 'solicitation' of information from defense employees. In March, a federal judge ruled that key parts of the new press policy were unconstitutional, but soon after, the Pentagon announced new press rules, including permanently closing a designated workspace for journalists and issuing an 'interim' policy requiring escorts.
In April, the judge ruled that the interim policy violated his court order, but the Pentagon appealed, and the appeals court allowed the escort policy to remain in place during the appeal process. In its new lawsuit, the Times argued that 'the Interim Policy is patently retaliatory, utterly unreasonable, and manifestly arbitrary and capricious.'
