A federal appeals court has ruled that the Pentagon may continue enforcing a policy requiring journalists to be accompanied by government escorts while on its grounds. This decision pauses a lower court ruling that had previously blocked the requirement.
Court sides with government
A three-judge panel on the U.S. Court of Appeals for the D.C. Circuit ruled 2-1 in favor of the administration. The majority stated that the Defense Department is likely to succeed on its argument that the rule does not violate the First Amendment.
The judges noted that the plaintiffs including “The New York Times,” “have not argued that the escort requirement is not, in fact, generally applicable and applied across the board to all reporters.”
Dissenting opinion
Judge Bradley Garcia, who dissented, argued that government policy should not be protected simply because it is applied evenly. He wrote, “a retaliatory government policy should not be immunized simply because it is broadly and evenly applied.” He added that the chilling effect on speech may actually be amplified if applied to all reporters.
Reaction from the Times
“The New York Times” expressed disappointment but signaled it will continue the legal fight. “While The Times is disappointed with this interim decision, we appreciate that the court has expedited the appeal and look forward to litigating it on the merits,” a spokesperson stated.
Ongoing media tensions
The dispute stems from broader restrictions imposed under Defense Secretary Pete Hegseth. Many news organizations previously surrendered their credentials rather than accept terms they felt limited their ability to report freely.
