Press freedom groups have stepped up calls for the Pentagon to explain how it plans to defend rules that restrict what reporters can ask inside the building following a recently filed lawsuit by one of the nation's largest publications.
Questions abound after the New York Times sued the Pentagon Dec. 4 in federal court in Washington after refusing to sign an agreement that bans journalists from soliciting information not explicitly cleared by the Department of Defense. The complaint argues that the policy instituted in October violates the First Amendment and hands the Pentagon unprecedented power over who may get press credentials and what reporters can ask.
The policy requires journalists to obtain Pentagon approval before reporting even unclassified information—a shift that significantly limits routine newsgathering and raises concerns among transparency advocates about how broadly the restrictions could reach. After many legacy outlets left the building, the Pentagon assembled a press corps made up largely of conservative or ideologically-aligned organizations, reshaping who now occupies the briefing room.
Military.com reached out to the Pentagon, the White House, the National Security Council and the Justice Department for comment on the lawsuit and any plans to defend or revise the policy.
An 'Unlawful' Policy
Press freedom advocates say the Pentagon crossed a constitutional line with rules that tighten control over who may report from inside the building. They've signaled they may seek a larger role in the case as additional news organizations also acknowledged they are reviewing legal options.
Gabe Rottman, vice president of policy at the Reporters Committee for Freedom of the Press, told Military.com the credentialing rules “are unlawful because they give government officials unchecked power over who gets a credential and who doesn’t, something the First Amendment prohibits,” adding that “the public needs independent journalism and the reporters who deliver it back in the Pentagon at a time of heightened scrutiny of the department’s actions.”
New policies "give government officials unchecked power."
He said the organization looks forward to supporting the Times' lawsuit and noted that their organization warned Pentagon leadership earlier this year about the potential constitutional problems with the policy.
The Society of Professional Journalists pointed Military.com to its Sept. 20 statement condemning the policy as unconstitutional and said its position remains unchanged as litigation moves forward.
Press Corps Upended by New Rules
Times officials say the Pentagon’s credentialing policy has already reshaped who gets access to the building.
Major news organizations cleared out their workspaces rather than sign an agreement that limits unapproved questions, even when such press inquiries questions involve unclassified information. A newer mix of ideologically-aligned outlets now fills many of the briefing room seats as reporters from more traditional publications continue to operate from outside the building.
Press freedom advocates say these developments underscore a growing pattern: a credentialing system that rewards compliance and sidelines independent reporting. They argue this shift is central to understanding why the Times filed suit.
Times Claims Pentagon Is Blocking Basic Newsgathering
New York Times spokesperson Charlie Stadtlander told Military.com the newspaper’s official statement argues the Pentagon’s rules restrict basic newsgathering by limiting follow-up questions, access to subject matter experts, and independent verification outside formal channels.
The statement says the rules give Pentagon officials authority to decide what information reporters may pursue and warns that such limits would erode the public’s ability to understand military operations, hold leaders accountable, and scrutinize decisions involving U.S. forces around the world.
Stadtlander also provided the full federal complaint, which details how the policy could restrict even routine reporting inside the building.
Constitutional Fight
The federal complaint says the Pentagon’s policy violates the First Amendment by barring reporters from asking questions officials have not explicitly approved, even when the information is unclassified.
It argues the rules give Defense Department officials sweeping discretion over who may receive press credentials and what subjects journalists may pursue. The Times claims the policy blocks basic newsgathering practices such as follow-up questions, access to specialists and independent verification outside formal briefings.
The filing warns the rules would allow the Pentagon to control the flow of information inside the building and restrict watchdog reporting, which they allege undermine the public’s ability to understand U.S. military operations and hold defense leaders accountable.
The lawsuit now moves to federal court, where a judge will decide whether the Pentagon can enforce rules critics say give government officials sweeping control over who may report from inside the building.
Legal observers expect the case to draw wider involvement from media organizations and press freedom groups, which could turn the lawsuit into a landmark test of how federal agencies interact with reporters.
