Judge Blocks Pentagon “Escort” Policy for Journalists Entering the Building

A federal judge has blocked, for now, a Department of Defense (DOD) policy that limits press access to the Pentagon, the latest in a series of attempts by the Trump administration to restrict press freedoms in the building.

The policy in question required reporters to be escorted onto the premises by DOD officials, and closely followed as they seek to speak with sources. The policy was ostensibly put in place to limit confidential sources from speaking to the media.

The preliminary injunction only focuses on that aspect of the policy. Other parts of it — including requiring reporters to remain in an external annex outside the Pentagon, rather than having access to a traditional press room inside — are not affected by the order.

Pentagon spokesman Sean Parnell blasted the ruling, issued by District Judge Paul Friedman, stating that the department “strongly disagrees” with Friedman’s findings, adding that, in the administration’s view, the ruling “strips away reasonable security measures.”

However, in issuing the preliminary injunction on the policy, Friedman noted that the Pentagon sought to restrict journalists while giving access to other visitors of the building, despite members of the media having constitutional protections.

“The notion that reporters should be treated worse than baristas, short order cooks, dry cleaners, or any other civilians given access to the Pentagon surely is a perverse reading of the First Amendment,” Friedman wrote.

The judge elaborated, stating that the government’s repeated actions in violation of the press’s rights make it difficult for him to recognize the ordinary deference given to DOD by courts, writing that:

In ordinary circumstances, the Department would be entitled to a ‘presumption of regularity,’ meaning the Court would assume that the Department has acted properly and lawfully. This Court previously has questioned whether such a presumption continues to exist in light of the current administration’s extensive pattern of illegal and unconstitutional behavior.

Charlie Stadtlander, a spokesperson for The New York Times, which had filed the request to block the policy, celebrated Friedman’s findings.

“Today’s well-reasoned decision reaffirms the First Amendment rights of the press to cover the Pentagon without restrictions designed to prevent the public from knowing what the military is doing,” Stadtlander said.

The frequent policy changes — and subsequent judicial blocks against them — come as the Trump administration obsesses over preventing confidential sources from leaking news items from the press that may embarrass them.

The policy that Friedman had blocked was in response to a previous policy that had sought to bar journalists from speaking to Pentagon employees at all unless they agreed not to publish articles that relied on confidential sources. Friedman also placed a preliminary stay on that policy earlier this year, similarly finding that it unconstitutionally interfered with the media’s ability to inform the public.