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The New York Times has taken legal action against the Pentagon, claiming that a recent policy change infringes on the freedom of the press. The lawsuit follows the Pentagon’s introduction of stringent rules under Pete Hegseth, which were revealed during the Department of Defense’s third briefing of the year. Filed in the US District Court in Washington, the lawsuit contends that these new regulations violate the First Amendment by deliberately censoring journalists and restricting their ability to report on issues that extend beyond official press releases, thereby hindering their role in holding government officials accountable.
In its legal filing, the newspaper is requesting that the court stop the enforcement of these rules and declare that the provisions infringing on First Amendment rights are unlawful. The controversy arose in October when media organizations were asked to sign new contracts in order to maintain access to Hegseth’s department. These contracts required journalists to comply with strict reporting guidelines, which included limiting their reporting to material approved by the Pentagon.
The 21-page contract introduced several restrictions, such as barring journalists from pursuing exclusive stories, questioning sources on sensitive topics, and publishing information without prior review and approval by the Pentagon—even when the information is not classified. Major news outlets, including CBS, ABC, and The Washington Post, have refused to sign these agreements, arguing that they pose a threat to independent journalism and press freedom. The lawsuit names Julian Barnes, a Times reporter, alongside the newspaper, as plaintiffs in the case.
The New York Times has retained First Amendment lawyer Theodore Boutrous to represent them. He has argued high-profile media cases in the past in federal court. The Pentagon did not immediately respond to a request for comment. The Department of War held its first briefing led by its press secretary Wednesday after a major shakeup that kicked legacy media out of the Pentagon . In a dystopian scene, the almost empty room was stacked with right-wing media, including disgraced ex-congressman Matt Gaetz and Donald Trump confidante Laura Loomer.
John Konrad, the chief executive of a maritime news website, wrote on X after the briefing: ‘Hegseth answered my questions. It’s off the record so no details but I am very pleased with his leadership!’ Questions were fielded from the podium by press secretary Kingsley Wilson, who was making her debut in just the third Pentagon briefing this year. But unlike her White House counterpart, Karoline Leavitt, the 26-year-old faced softball questions from so-called ‘new media’ and the event wrapped up after less than 30 minutes.
She answered some questions on the ‘narco-terror’ drug war in Venezuela and Iran’s nuclear program but much of the focus centered on bashing the Post’s reporting, whose journalists were not present. The White House has not barred mainstream outlets from attending their briefings, but did consider restricting access to Leavitt’s office . Outlets have continued reporting on the military despite these restrictions.