An aerial view of the Pentagon in Washington, D.C., on May 15, 2023. A federal appeals court has ruled that the Defense Department may escort reporters on Pentagon grounds while the Trump administration appeals a judge’s decision blocking this practice. (John Wright/U.S. Air Force)
The Defense Department can continue requiring journalists to be escorted inside the Pentagon, an appellate court decided this week while ruling on The New York Times’ lawsuit challenging current DOD press policy.
The U.S. Court of Appeals for the District of Columbia Circuit on Monday granted the department’s request to pause a lower court order that had limited enforcement of the policy.
The 2-1 ruling allows the escort requirement to remain in place while the case is under review. Judges said the government had met the standard for a stay.
The decision temporarily blocks an April 9 order by U.S. District Judge Paul Friedman, who found that the Pentagon’s revised media access policy did not comply with an earlier court decision requiring the department to restore journalists’ access.
The case stems from a lawsuit filed by The New York Times in December challenging new Pentagon rules governing press credentials and building access.
The rules required journalists to sign a document advising them that their access to the Pentagon could be revoked if they are “reasonably determined to pose a security or safety risk.”
The complaint argues that the policy violates First Amendment protections and Fifth Amendment due process rights. Friedman ruled that restrictions on journalists’ access included in the policy raised constitutional concerns.
After the department revised the policy, the judge said in April that the changes still failed to meet the requirements of his earlier ruling.
On Monday, the appellate court ruled that the escort requirement is a lawful response to Friedman’s decision that struck down the policy in broad terms.
Defense officials have argued that the restrictions help stop the leaking of sensitive and classified information and are necessary for security and to maintain control over access to a sensitive military facility.
“Since implementing the current access policy, the Department has seen a meaningful reduction in these unauthorized disclosures, which when they occur can endanger the lives of service members, intelligence personnel, and our allies,” Pentagon spokesman Sean Parnell said Monday on X.
“Despite what many in the media have told you, the Department’s policy has never been about limiting journalism — it is about safeguarding classified information that protects American lives,” Parnell added.
In a dissenting opinion, Judge J. Michelle Childs wrote that allowing the policy to remain in effect could harm press freedoms while the case is being decided.
“Reporters can hardly verify sources, gather information, or speak candidly with Department personnel with an escort looming over their shoulders,” Childs said in court documents.
The appeals court’s decision does not resolve the underlying legal dispute. A final ruling is expected after further hearings to determine whether the restrictions on press access comply with constitutional protections.
