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Friday, December 5, 2025

NYTimes Sues The Pentagon Citing A Free Press


The New York Times sued the Pentagon and Defense Secretary Pete Hegseth on Thursday, alleging that new rules for journalists violate the First Amendment’s guarantees of free speech and press and the Fifth Amendment’s due process protections.

The federal lawsuit, filed in Washington, D.C., seeks to block enforcement of an October 2025 policy that requires reporters to sign a 21-page agreement barring them from soliciting, receiving, or publishing any information—including unclassified material—not explicitly approved by the Defense Department.

Violations can lead to immediate loss of Pentagon access with no notice or appeal.

The Times argues the rules amount to an unconstitutional prior restraint on newsgathering, punish unfavorable coverage, and let officials arbitrarily revoke credentials. It says the policy is designed to silence independent reporting on the military and replace it with favorable outlets.

Dozens of major news organizations, including NPR, CNN, CBS, NBC, Fox News, and the Associated Press, have already surrendered their Pentagon badges rather than sign the agreement. The Pentagon Press Association endorses the lawsuit.

The policy stems from Secretary Hegseth’s broader overhaul, which has reassigned prime workspace from traditional outlets to pro-Trump and conservative media figures such as Laura Loomer, Mike Lindell’s LindellTV, and the O’Keefe Media Group. 

On Tuesday, the Pentagon held its first press briefing exclusively for these new credentialed outlets.

As of Thursday, the Defense Department had not responded publicly to the lawsuit.