The New York Times Sues the Department of the Army

The New York Times has filed a lawsuit against the Department of the Army regarding a recent policy that restricts press access to the Pentagon unless reporters comply with specific reporting guidelines.

Filed on Thursday in Washington, D.C., the lawsuit lists the Times and its journalist Julian Burns as plaintiffs. It names the Department of the Army, Secretary of the Army Pete Hegseth, and Pentagon Chief Press Secretary Sean Parnell as defendants.

The Times contends that the Pentagon’s new policy infringes on their First and Fifth Amendment rights. They argue that it provides the Pentagon with “unstandardized discretion” to penalize reporters without proper due process. This includes the ability to revoke press credentials based on ambiguous rules regarding how interviews should be conducted. Additionally, the Times claims there is evidence of viewpoint discrimination, citing instances where certain reporters supportive of President Donald Trump were allowed to attend a press briefing after signing a Pentagon commitment.

Contact was made with both the Pentagon and the White House for their responses.

In the complaint, the Times references a 1972 D.C. Circuit ruling that established due process requirements for press credentials. They also draw on a 2020 case involving then-Playboy reporter Brian Karem, whose White House press access was reinstated after a court found his due process rights had been violated under the previous administration.

“A policy that provides DoD officials with unrestricted authority to suspend and revoke a reporter’s press credentials for lawful reporting—whether on or off DOD property—is neither reasonable nor neutral,” the lawsuit asserts.

Another part of the complaint states that this new policy marks a significant break from the longstanding traditions of press access, violating both the Due Process Clause and the First Amendment, causing irreparable damage to the Times, its reporters, and ultimately, the public.

According to Times spokesperson Charlie Stadtlander, the new policy criminalizes lawful reporting and, as a result, disqualifies journalists from covering the U.S. military for simply doing their jobs. He noted that many news organizations have voiced their opposition to the Pentagon’s policy, emphasizing its unprecedented nature.

“The kind of journalism executed by the Times and others is vital for the public to understand the actions taken by the U.S. military,” Stadtlander added. “This policy appears to aim at controlling a press that isn’t favorable to the administration, infringing upon our constitutionally protected rights.”

A senior attorney from the Times indicated that they had considered collaborating with other media organizations for a joint lawsuit but ultimately chose to proceed independently, though others could join in later. They noted the statement from a Pentagon spokesperson referring to non-compliant media outlets as “propaganda,” which they view as indicative of viewpoint discrimination against the press.

The Pentagon Press Association has publicly supported the Times’ legal action, asserting that the Army Department’s policy undermines a free and independent press.

Since the implementation of the policy in October, there has been collective disapproval from various news organizations, with many arguing it jeopardizes journalists’ ability to report critical national security information. ABC News, CBS News, CNN, FOX News Media, and NBC News have all put out a statement strongly opposing the policy and reaffirming their commitment to maintaining transparent coverage of the U.S. military.