Defense Secretary Pete Hegseth takes questions during a press briefing at the Pentagon in Washington, D.C., on March 13, 2026. A federal judge said in an April 9 order that the department failed to comply with a court directive to lift restrictions on journalists’ access. (Milton Hamilton/Defense Department)
The Defense Department is still in violation of a court order to lift restrictions that deny journalists Pentagon access, a federal judge said this week in a ruling that escalates a First Amendment fight with President Donald Trump’s administration.
U.S. District Judge Paul Friedman in Washington said Thursday that the Pentagon had not followed his March ruling in the case, The New York Times Company v. Department of Defense.
The DOD disagreed with that finding and plans to appeal, agency spokesman Sean Parnell said Thursday.
The Times filed suit in December after more than 50 journalists refused to sign an agreement placing limits on how they could gather and publish certain information. They were subsequently denied credentials.
Defense Department officials have said the policy was intended to protect sensitive information and ensure security at the Pentagon.
Friedman sided with the newspaper last month, saying the policy is unconstitutional. He ordered the DOD to reinstate the press credentials of the Times reporters.
In response, the Pentagon issued an interim press policy. But the plaintiff argues that the revised policy imposes similar restrictions by moving the press corps out of the main Pentagon building and into an annex facility.
“The Department cannot simply reinstate an unlawful policy under the guise of taking ‘new’ action and expect the Court to look the other way,” Friedman wrote in Thursday’s order.
Defense Secretary Pete Hegseth and Chairman of the Joint Chiefs of Staff U.S. Air Force Gen. Dan Caine conduct a press briefing at the Pentagon in Washington, D.C., on March 2, 2026. A federal judge ruled in March that the department’s media policy is unconstitutional, a decision the Pentagon has said it plans to appeal. (Madelyn Keech/Defense Department)
The revised policy appears to perpetuate many of the same unconstitutional actions identified in the earlier ruling, he said.
In its revised policy, the department lists what it sees as appropriate ways for journalists to solicit information.
However, Friedman found fault with this, too, saying it leaves open the possibility that asking questions on certain topics and to certain officials could trigger the revocation or denial of their press credentials.
“Simply put, the department’s attempt to ‘clarify’ the policy did not cure its constitutional infirmities,” the order said, directing the DOD to bring its policies into compliance.
A Pentagon spokesperson declined further comment Friday, referring questions back to Parnell’s social media post.
In that message, Parnell said the Defense Department “remains committed to press access at the Pentagon” while ensuring safe and secure operation of the facility.
Friedman closed his order with pointed language, saying the DOD was attempting “to control the message so that the public hears and sees only what the Secretary and the Trump Administration want them to hear and see.”
“The Constitution demands better,” he wrote. “The American public demands better, too.”
