NYT wins suit against Pentagon over press policy

A federal judge in Washington, DC, ruled on Friday that the Department of War's press policy is unconstitutional in a lawsuit brought by the New York Times and one of its reporters, Julian Barnes. 

The policy, which was adopted in October by the Department of War, restricted information for release by journalists who were covering the Pentagon. The Times sued over the Pentagon policy in December, claiming that the credentialing process violated their free speech rights.

Assistant to the Secretary of War for Public Affairs Sean Parnell wrote in reaction to the ruling, "We disagree with the decision and are pursuing an immediate appeal."

US District Judge Paul Friedman in Washington, DC, sided with the Times and wrote, "The record evidence supports the conclusion that the Policy discriminates not based on political viewpoint but rather based on editorial viewpoint—that is, whether the individual or organization is willing to publish only stories that are favorable to or spoon-fed by Department leadership."

Friedman added, "The undisputed evidence reflects the Policy's true purpose and practical effect: to weed out disfavored journalists—those who were not, in the Department's view, 'on board and willing to serve'—and replace them with news entities that are. That is viewpoint discrimination, full stop… The Policy thus violates the First Amendment."

The Pentagon Press Association said in a statement, "The Pentagon Press Association celebrates the decision by a federal judge today that the Pentagon’s press credentialling policy violated the U.S. Constitution. Since the ruling clearly states that the policy must not be applied to 'all regulated parties,' the PPA calls for the immediate reinstatement of the credentials of all PPA members."

It was not immediately clear if the policy would be changing as the Department of War appeals the decision. The ruling comes as the US has been involved in a conflict with Iran and as news organizations that did not agree to the policy have been pushing to gain access to the Pentagon again.