A divided federal appeals court has reinstated the Pentagon’s requirement that journalists be accompanied by government escorts while inside the building, dealing a significant setback to a lawsuit brought by The New York Times.
In a ruling issued Thursday evening, two of three judges on the U.S. Court of Appeals for the D.C. Circuit found that Department of Defense officials “are likely to succeed on their argument” that the escort policy does not constitute illegal retaliation under the First Amendment. The decision overturns a June order from U.S. District Judge Paul L. Friedman, who had paused the requirement, calling it a “perverse reading of the First Amendment.”
The Times’ lawsuit challenges the escort rule as an attack on press freedom, arguing it stifles the kind of spontaneous reporting that has long defined Pentagon coverage. “Stories based on routine unplanned interactions between journalists and Pentagon personnel on Pentagon grounds, stories built on dozens of conversations with Pentagon press officers from various parts of the Department and across the building, stories that capture the mood and atmosphere within the Pentagon during times of consequential military operations—all are examples of what Plaintiffs can no longer report,” the complaint states.
Pentagon officials have defended the policy as a necessary measure to prevent leaks of classified information and protect national security. The rule was imposed after the Times won a separate court order in March blocking stricter credentialing rules that limited how defense reporters could solicit information.
The three-judge panel included appointees of former Presidents George H.W. Bush, Barack Obama, and Joe Biden. The Biden appointee dissented. The ruling marks the latest flashpoint in the ongoing tension between the Pentagon and the press corps, a dynamic that has intensified since the start of the second Trump administration.
Historically, reporters have had broad access to public spaces within the Pentagon, attending briefings and interacting informally with officials. But in October, hundreds of journalists surrendered their press passes rather than sign a new policy requiring them to pledge not to solicit any unauthorized material, even if unclassified, under threat of losing credentials.
In a statement, the Times said it was “disappointed” with the interim decision but noted that “the court has expedited the appeal” and looked “forward to litigating it on the merits.” The case now returns to the lower court for further proceedings, though the appeals court’s ruling suggests the government’s position is likely to prevail.
The dispute echoes broader clashes over press access and national security, as seen in recent Pentagon efforts to block reports on the F-35 program and its decision to skip the Aspen Security Forum. Critics argue the escort policy undermines accountability, while supporters say it safeguards sensitive operations.
