RCFP statement on New York Times lawsuit challenging Pentagon press access policy

On Thursday, The New York Times, represented by Gibson Dunn, filed a lawsuit against the Pentagon over its new press access policy.

Reporters Committee for Freedom of the Press Vice President of Policy Gabe Rottman made the following statement:

“The Pentagon’s press access policy is unlawful because it gives government officials unchecked power over who gets a credential and who doesn’t, something the First Amendment prohibits. The public needs independent journalism and the reporters who deliver it back in the Pentagon at a time of heightened scrutiny of the Department’s actions.”

Noting that the Reporters Committee often assists in First Amendment litigation by authoring amicus briefs joined by leading news organizations, Rottman added, “We look forward to lending our voice in support of this suit.”

In September, the Reporters Committee first raised concerns about the policy’s provisions that required reporters covering the Pentagon to pledge that they will not gather or use any information, including unclassified information, that has not been pre-approved for release, on pain of possibly losing their credential. 

The Reporters Committee for Freedom of the Press is the leading pro bono legal services provider for journalists and news organizations in the United States, offering direct legal representation, amicus curiae support, and other legal resources to protect First Amendment freedoms and the newsgathering rights of journalists. Stay up-to-date on our work by signing up for our newsletters and following us on Bluesky, LinkedIn, Instagram, and Facebook.