Updated

Updated · The New Republic · Jun 30

Judge Blocks Pentagon Escort Rule for Journalists, Citing Hegseth's March Attack on NYT

Updated

Updated · The New Republic · Jun 30

Judge Blocks Pentagon Escort Rule for Journalists, Citing Hegseth's March Attack on NYT

Q: A judge blocked the Pentagon's journalist escort rule. What will be the Defense Department's next move in this press freedom battle?

The Defense Department’s next move is to keep fighting in the appeals court and try to preserve the escort rule while the case continues. After Judge Paul L. Friedman blocked the policy for New York Times Pentagon reporters, the Pentagon said it disagreed with the ruling and would appeal. It has already taken that fight to the U.S. Court of Appeals for the D.C. Circuit, seeking to defend the escort requirement as a lawful security measure rather than an unconstitutional press restriction. In the short term, the department’s strategy is to ask the appellate court to let the rule remain in effect during the appeal. Reporting on the case indicates a divided D.C. Circuit panel has already temporarily revived the escort requirement while the Pentagon presses its broader challenge, giving the department a procedural win even after losing before Friedman. On the merits, the Pentagon is expected to argue that the escort policy is a new, generally applicable access rule tied to national security and the prevention of unauthorized disclosures. The New York Times, by contrast, argues the rule is an attempt to evade the judge’s earlier order and unlawfully burden disfavored reporters. So the immediate path is clear: the Defense Department will continue enforcing the escort policy if allowed by the appeals court, while pursuing a full appeal to overturn Friedman’s First Amendment ruling.

3 articles · Updated · The New Republic · Jun 30

U.S. District Judge Paul Friedman issued a preliminary injunction stopping the Pentagon from forcing all visiting journalists to use official escorts while The New York Times' lawsuit proceeds.
Friedman tied the rule to a sustained pattern of hostility, citing Pete Hegseth's March attack on the Times and other remarks about the "Trump-hating press" and "garbage" coverage.
The Pentagon had argued roaming reporters could gather sensitive information near restricted areas, but the judge had already rejected similar justifications in an earlier First Amendment ruling for the Times.
The fight grew out of an October policy threatening press passes over unapproved disclosures; after Friedman ruled for the Times in March, the Defense Department revised the rules and added the escort requirement, prompting a second suit in May.