New York Times loses in court as judge rules Pentagon escort policy is not a 1A violation

A federal appeals court has ruled in favor of a Pentagon policy requiring journalists to be escorted by government personnel.

In a 2-1 decision issued Thursday, a three-judge panel of the US Court of Appeals for the DC Circuit ruled that the Defense Department is likely to prevail in its argument that the escort requirement does not violate the First Amendment’s protections for freedom of the press. The panel determined the Pentagon was "likely to succeed on their argument ​that this generally applicable escort requirement does not constitute a 'sufficiently adverse action ​to give rise to an actionable First Amendment (free speech) claim' of retaliation."

The dispute stems from a lawsuit filed by The New York Times back in March that successfully challenged a central part of the policy, though that ruling is currently under appeal. Following that decision, the Pentagon implemented an interim policy requiring journalists to be accompanied by government escorts. The New York Times subsequently filed a separate lawsuit challenging the revised policy.

“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 for The New York Times said in a statement.

The ruling is the latest in an ongoing dispute between members of the press and the Pentagon that has persisted since the start of the second Trump administration.

In October, the Pentagon announced that journalists could be deemed security risks and have their press credentials revoked if they solicited unauthorized military personnel to disclose certain protected information. The policy prompted widespread backlash from journalists, as hundreds surrendered their press badges in protest. Only one of the 56 news outlets in the Pentagon Press Association agreed to sign an acknowledgment of the policy.