The New York Times files lawsuit against Pentagon over press restrictions

The New York Times announced plans to sue the Pentagon, alleging that the Defence Department violated the constitutional rights of its journalists by imposing a new set of restrictions on reporting about the military.

In a summary of the forthcoming filing, the newspaper said the Pentagon policy “is exactly the type of speech- and press-restrictive scheme that the Supreme Court and D.C. Circuit have recognised violates the First Amendment.” The lawsuit is expected to be filed Thursday, December 4, in U.S. District Court in Washington.

The new rules, which took effect in October, require reporters to sign a 21-page form outlining limits on journalistic activity, including requests for story tips and inquiries to sources. The Times said the guidelines represent a major departure from previous rules, both in scope and length.

According to the lawsuit, the Pentagon’s intent is “to close the doors of the Pentagon — those areas that have historically been open to the press — to news organisations, like plaintiffs, that investigate and report without fear or favor about the actions of the department and its leadership.”

The Times is seeking a court order blocking enforcement of the policy, as well as a declaration that the provisions restricting First Amendment rights are unlawful. The newspaper emphasised it “intends to vigorously defend against the violation of these rights, just as we have long done throughout administrations opposed to scrutiny and accountability.”

Pentagon officials have defended the policy, saying access to military facilities is a privilege that can be regulated. In October, the department stated the rules “are about preventing leaks that damage operational security and national security,” adding, “It’s common sense.”

The policy has drawn criticism from major U.S. news organisations, including ABC, CBS, CNN, Fox, and NBC, which condemned it as a threat to core journalistic protections.

A senior Times lawyer said Wednesday that while discussions were held with other media outlets about joining the lawsuit, the newspaper decided to proceed independently.

The Times’ filing challenges multiple provisions of the policy, including one that prohibits reporters from “solicit[ing] government employees to violate the law by providing confidential government information.” The newspaper argues that such restrictions could interfere with “lawful, routine news gathering techniques.”

By Tamilla Hasanova