The New York Times sues Pentagon over first‑amendment rights

Friday, December 5, 2025 -The New York Times has filed a federal lawsuit against the Pentagon, claiming that the department’s new press‑access policy infringes on constitutional protections. 

Under the policy — introduced in late 2025 — journalists must sign a pledge before receiving press credentials. The pledge restricts reporters from soliciting or publishing any information not expressly approved by defense officials.

The Times argues the policy violates its First Amendment right to a free press and its Fifth Amendment due‑process rights. They say the policy gives Pentagon leadership “unbridled discretion” to revoke press credentials based on the content of reporting. The lawsuit names the Department of Defense, Pete Hegseth (Defense Secretary), and Sean Parnell (Pentagon spokesman) as defendants.

Advocates for press freedom — including media‑rights groups and members of the journalistic community — have welcomed the lawsuit. 

They warn that the policy fundamentally threatens independent journalism, especially public oversight of U.S. military actions, by limiting reporters to approved talking points and depriving the public of unbiased information.