New York Times sues Pentagon over restricted access to War Dept, names The Post Millennial in suit

The Times claimed that the outlets that are currently covering the Pentagon were selected "based on viewpoint." They state that in "In describing the '[n]ew media outlets' willing to accede to the Department's 'media access policy,' [Sean] Parnell wrote that they 'circumvent the lies of the mainstream media and get real news to the American people,' and '[t]heir reach and impact collectively are far more effective and balanced than the self-righteous media who chose to self-deport from the Pentagon'-journalists 'in the mainstream media' whom Parnell described as 'activists who masquerade as journalists.'"

Among those outlets are The Post Millennial and Human Events. "New PFAC recipients include the National Pulse, which was described by its editor-in-chief as 'an industry mag/site for MAGA world'; Laura Loomer, an 'influential pro-Trump activist'; and former congressman Matt Gaetz, President Trump's one-time choice for Attorney General of the United States, who is now affiliated with One America News. Many have expressed ideological support for the Trump administration or indicated that they do not intend to report critically on the Pentagon.

"For example, Libby Emmons, the editor-in-chief of Human Events and the Post Millennial who requested four passes for her staff after 'receiv[ing] an unsolicited invitation to apply for credentials,' stated that '[t]here should be a place for reporting on what they are doing without always trying to expose the dark underbelly,' and Tim Pool, who disclosed that his outlet would be getting a credential, explained that his is 'not an investigative news organization' and he did 'not intend to maintain a significant presence in the Pentagon.'"

The Times brought the suit on Thursday, saying that the Defense Department’s new policy violated the First Amendment 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."

The Pentagon adjusted their terms with the press in September, saying that the unfettered access the press had been given would no longer be permitted. The legacy outlets that have enjoyed that access were irate. They gave up their press passes and stormed out of the Pentagon en masse.

The pledge that the press were expected to sign was extensive and read that "Legally, the press has no greater right of access than the public. While members of the news media may be granted access under certain conditions, this is a privilege extended by the government and not a constitutionally protected right." The new rules require that press are given an escort to and from spaces that are not part of their purview, such as the press briefing room in the public affairs area, among other limitations.

The Times states that the rules are "are a stark departure from the previous ones, in both length and scope. They require reporters to sign a 21-page form that sets restrictions on journalistic activities, including requests for story tips and inquiries to Pentagon sources."

The outlet states that they are concerned over the Pentagon restriction against "reporting any information not approved by department officials." Pentagon Press Secretary Kingsley Wilson told The Post Millennial that the restrictions were more of a reset, pulling back some access over national security concerns.

"When we got here," she said, "we found a Pentagon press corps that was very entitled, that sort of had free rein over the building, was able to go wherever they pleased, trying to catch people coming in and out of their office."

The corridor just outside the press briefing room, she said, was called "whisper alley" where members of the press "would try to eavesdrop and see if they could hear certain conversations from senior leaders."

The complaint from the Times seeks "a court order halting enforcement of the rules and a declaration that the provisions 'targeting the exercise of First Amendment rights' were unlawful."

Speaking to The Post Millennial, Wilson said the changes to the press access to the Pentagon were "very common sense," but that the former outlets in the press corps "of course took issue with it, and they wanted to be able to solicit classified information from employees, which is already against the law."

The Post Millennial is a member of the Pentagon's new press corps.

NYT Pentagon Suit by The Post Millennial