Day 269

Pentagon Press Credential Policy Struck Down as Unconstitutional; Court Finds the Department Did Not Comply (2025–2026)

In autumn 2025 the Defense Department under Pete Hegseth conditioned Pentagon press credentials on reporters acknowledging a revised policy that gave officials broad discretion to suspend or revoke access over newsgathering. Defence trade publications including Military Times, Defense News and Breaking Defense refused to sign. In New York Times Co. v. Department of Defense, Judge Paul Friedman granted summary judgment on 20 March 2026, holding the policy unconstitutionally vague and viewpoint-discriminatory on a record of officials disparaging mainstream reporters while credentialing outlets that supported the administration; he vacated the provisions and issued a permanent injunction. On 9 April he found that "The Department did not comply with the Court's Order", having closed the press workspace and imposed an escort requirement the next business day. A divided D.C. Circuit panel stayed that order as to the escort requirement on 27 April, holding the escort rule outside the scope of the first judgment; on 30 June, in a new suit, Judge Friedman preliminarily enjoined the escort requirement as likely First Amendment retaliation.