The New York Times has filed a lawsuit against the Pentagon over its new press access policy. The lawsuit alleges that the new rules violate the First Amendment by censoring and punishing reporters who report negatively on the Defense Department’s policies.
The Pentagon adopted the new policy in the fall. The new rules require reporters to sign a 21-page set of rules to keep their credentials, allowing them access to the building. Under these rules, called the Pentagon Facilities Alternative Credentials (PFACs), reporters must acknowledge that they can be treated as “security threats” and lose their access if they report information that the Defense Department does not approve for public release.
The Pentagon claims this policy is aimed at preventing leaks. However, news outlets argue that it is actually about controlling how they cover the Defense Department and deterring officials from speaking to the press.
The lawsuit was filed against the Department of Defense, Defense Secretary Pete Hegseth, and Pentagon spokesman Sean Parnell. It argues that the new policy violates the First Amendment by empowering Pentagon officials with broad authority to revoke press credentials without fair standards.
The plaintiffs argue that the rules target journalists who publish negative stories about the Defense Department and “seeks to restrict journalists’ ability to do what journalists have always done—ask questions of government employees and gather information to report stories that take the public beyond official pronouncements.”
🚨LAWSUIT🚨
— Breanna Morello (@BreannaMorello) December 4, 2025
The New York Times reached out to me prior to filing their lawsuit against The Pentagon.
The NYT outlines several "MAGA" journalists," but fails to acknowledge this email I sent their journalist in October.
I explained that I've released several critical reports on… pic.twitter.com/Amg3tIvyeO
They also claim the policy violates the Fifth Amendment by giving officials “unbridled discretion” to label reporters as security risks and remove their credentials.
The new rules are not actually aimed at protecting national security, according to the lawsuit. Instead, it is intended to weed out reporters the Pentagon deems hostile and to favor friendlier journalists. They quote officials who said they want a “next generation of the Pentagon press corps” who would “circumvent the lies of the mainstream media and get real news to the American people.”
Tim Pool GOES OFF on the New York Times after their lawsuit against the Pentagon alleging 1A violations, which cites The Post Millennial and Human Events along with @Timcast. pic.twitter.com/rFS1Um7HTc
— Libby Emmons (@libbyemmons) December 4, 2025
They noted that some officials attacked critics as “activists who masquerade as journalists” and “propagandists” who “stopped telling the truth.”
The plaintiffs are requesting that the court halt enforcement of the rules and restore access to those who refused to sign.
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