Pentagon Press Association calls for immediate restoration of members’ credentials after ruling

The Pentagon Press Association is pressing for the immediate restoration of journalists’ access to the Defense Department after a federal judge on Friday ruled that the federal agency’s media policy was unconstitutional.

“Our clients and the public face ongoing, irreparable harm so long as the experienced military reporters of the P.P.A. are excluded from the Pentagon while active combat operations are being conducted in multiple arenas,” David Schulz, counsel for the association, wrote in a letter.

U.S. District Judge Paul Friedman late last week ruled that the Pentagon’s new policy restricting press access violates the First and Fifth amendments, siding with The New York Times in a lawsuit brought in December.

“The Court recognizes that national security must be protected, the security of our troops must be protected, and war plans must be protected,” Friedman wrote in his 40-page ruling. 

“But especially in light of the country’s recent incursion into Venezuela and its ongoing war with Iran, it is more important than ever that the public have access to information from a variety of perspectives about what its government is doing,” he continued. 

Pentagon spokesman Sean Parnell said the department disagrees with the decision and is pursuing an appeal.

The PPA, a group representing journalists who cover the Defense Department, believes that the ruling means the Pentagon must legally return press passes to all reporters who decided to give them up rather than sign the Department of Defense’s restrictive new policy. 

The policy states that publishing sensitive information “is generally protected by the First Amendment” but that soliciting any such information could ‌mark a reporter as a “security or safety risk.”

Dozens of journalists, including from The Hill, surrendered their press passes rather than comply with those restrictions, with reporters and outlets continuing to cover the U.S. military from outside the Pentagon.

The walkout meant that for the first time since the Eisenhower administration, no major U.S. television network or publication had a permanent presence in the building. It also left a new press corps consisting of right-leaning and pro-Trump outlets and media personalities.

As part of his ruling, Friedman ordered the immediate reinstatement of press passes for seven Times journalists who had previously held such credentials. 

“We are seeking to have our passes restored in keeping with the judge’s order. Our legal department sent a letter to Pentagon counsel today asking for restoration on Monday,” the Times said in a statement on Saturday.

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