A federal judge has struck down key parts of a restrictive Pentagon press policy introduced by Defense Secretary Pete Hegseth, ruling that several provisions violate the First Amendment rights of journalists and due process.
What the judge voided
Senior U.S. District Judge Paul Friedman, in a strongly worded opinion, invalidated Pentagon rules that allowed the department to suspend or revoke press credentials based on reporters’ work or the type of information they covered. The court also rejected a requirement that beat reporters sign a pledge not to obtain or use unauthorized material, a condition that many major outlets—including The New York Times and CNN—refused to accept, which led to reporters losing Pentagon access.
Friedman ordered the Pentagon to reinstate press badges for seven national security reporters at The New York Times who had been denied access under the policy.
First Amendment and due process reasoning
Friedman emphasized that the First Amendment is meant to protect the press’s ability to publish what it chooses, unfettered by official censorship, especially in times of war. He argued that the policy effectively targeted “disfavored journalists” and favored outlets friendly to the Trump administration, calling it clear “viewpoint discrimination.”
The judge also found the rules too vague, warning that routine journalistic practices—such as asking questions of Pentagon personnel—could be treated as security risks under the policy, undermining due process protections.
Pentagon response and broader context
Pentagon spokesman Sean Parnell said the department disagrees with the ruling and plans to appeal immediately. Friedman’s decision is the second recent federal court rebuke of Hegseth on First Amendment grounds, following another ruling that found he violated a Democratic senator’s free speech rights by seeking to punish the lawmaker for urging troops not to follow illegal orders.
Press freedom groups have welcomed the decision, calling the Pentagon’s policy an overreach and stressing the need for aggressive, independent reporting on U.S. military operations in Iran and Venezuela.
