A federal judge has ruled that the Pentagon’s restrictions on news outlets violate the First Amendment and issued an order tossing parts of the Defense Department’s policy.
Judge Paul Friedman, of U.S. District Court for the District of Columbia, also ordered the Pentagon to restore the press passes of seven journalists for The New York Times, which had brought the suit. The NYT reporters had surrendered their passes last October instead of signing the policy, which empowered the Pentagon to declare journalists “security risks” and revoke their press passes if they engaged in any conduct that the Pentagon believed threatened national security.
In his 40-page ruling, Judge Friedman wrote that the Pentagon’s policy rewarded reporters who were “willing to publish only stories that are favorable to or spoon-fed by department leadership.”
Siding with an argument advanced by The Times, Judge Friedman added that the Pentagon had given itself too much power to enforce its new rules. The policy also violates journalists’ due process rights under the Fifth Amendment, he said, writing that it “provides no way for journalists to know how they may do their jobs without losing their credentials.”
The ruling was a defeat for the Trump administration, which has been engaged in a multifaceted pressure campaign against the news media. ABC News and CBS News’s parent company agreed to multimillion-dollar settlements to resolve suits that President Trump brought against the networks. The ABC late-night star Jimmy Kimmel was temporarily pulled off the air last year after Mr. Trump’s top communications regulator assailed his program and suggested that he might take regulatory action against the broadcaster.
The ruling against the Pentagon followed a similarly stark decision this month from a federal judge to restore the operations of Voice of America, a government-funded news organization that Mr. Trump had ordered shuttered a year ago in an executive order.
A spokesman for The Times said Judge Friedman’s ruling “reaffirms the right of The Times and other independent media to continue to ask questions on the public’s behalf,” adding that “Americans deserve visibility into how their government is being run, and the actions the military is taking in their name and with their tax dollars.”
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