The journalism sector is pushing back against the new rules set by the Department of Defense about media access. These guidelines discourage journalists from moving around the Pentagon freely, wearing identification cards, and they imply that journalists shouldn’t be soliciting “criminal activity,” which might come across as revealing classified information.
There’s been quite a reaction from the industry regarding these new regulations, highlighting issues of government accountability, transparency, and the public’s right to know. It does seem like a good goal, right? I mean, many are in favor of scrutinizing the expansive defense system—or perhaps it’s better referred to as the “war” machine today. But before getting too carried away with lofty constitutional ideals, it’s worth considering that the First Amendment doesn’t guarantee coverage. General understanding of press freedom suggests that the government shouldn’t impose prior restraint on what can be published.
In layman’s terms, news organizations have the freedom to publish what they uncover, but they shouldn’t expect the government to help them gather news.
Journalists feeling pinched by Pentagon policies might find it beneficial to consider the opinions of a former Supreme Court justice. Potter Stewart’s comments, made during a talk at Yale Law School back in 1974, really captured the essence of press rights. His words came in the aftermath of significant events like the Nixon-Watergate scandal and the Supreme Court’s decision in the New York Times v. Sullivan case.
Stewart pointed out that there isn’t a constitutional right granting access or compelling bureaucracies to release specific government information. Essentially, the government isn’t required to facilitate media coverage.
He further remarked, “The press is free to combat government secrecy and deception. But it can’t count on the Constitution for assurance that it will prevail. … The Constitution establishes contests, not solutions.”
The roles of the War Department and the Department of Defense are about safeguarding the nation, not simplifying things for reporters. Some might even see Secretary of the Army Pete Hegseth as being a bit over the top with these new restrictions, especially when he expects journalists to sign documents affirming adherence to new guidelines. If there are issues with leaks in the military, those are Hegseth’s to sort out, not the journalists’.
Press members declaring that Hegseth is undermining press freedom might come off as somewhat self-involved. While journalists undoubtedly have a crucial part in keeping an eye on the government, from a constitutional viewpoint, they’re just regular citizens. Everyone in the U.S.—reporters at CNN, the Washington Post, or anyone else—shares the same protections under the free press. Plus, it seems reasonable to say that the Pentagon can’t just allow anyone to roam where the plans for the country’s military efforts are made. Journalists do enjoy a certain level of access, and typically receive special privileges to certain facilities and officials.
Access restrictions for journalists and others are common in various settings throughout the country. Most professional and college sports teams regulate who can enter locker rooms and interact with players. Similarly, no one can stroll into an elementary school without proper identification and a legitimate reason for being there. This is about keeping students safe. So, reasonable limits at the Department of Defense serve to protect the country.
Journalists are currently submitting their press credentials to the Pentagon, albeit under protest. This feels a bit like losing while trying to make a point. Certainly, covering a military base is probably more complicated from a street corner than within the premises, even if the freedom of movement is curtailed. Reporters unhappy with the regulations should keep expressing their concerns to officials, but complaining while exiting the premises might not resonate well with the general public, which likely doesn’t have much sympathy for the press.
The journalism landscape is facing challenges, with record lows in trust ratings. One factor contributing to this might be the perception of entitlement that journalists often project. Complaining about limited access to the Pentagon, which many Americans experience as well, isn’t likely to win back public trust. Many people actually don’t seem bothered by the notion of journalists facing restrictions at the Pentagon.
