This policy sought to prohibit news organizations from reporting information that was not officially authorized to be published by the media organization’s head.
Pete Hegseth: ‘We’re just getting started’ on Iran
Army Secretary Pete Hegseth said the U.S. is “just beginning” its relationship with Iran.
- In 2025, the Pentagon introduced a policy that says reporters who “solicit” information not approved for public release could lose access to buildings.
- First Amendment experts have expressed concerns about the policy but said it is unclear whether it is unconstitutional. They said the matter would likely be resolved in court.
- The New York Times filed a lawsuit in December claiming the new policy violates the First Amendment and other laws. The judge agreed.
A federal judge on March 20 blocked a Pentagon news policy that would have prohibited news organizations from reporting information not officially authorized to be published by agency heads.
A policy launched by Secretary of Defense Pete Hegseth in October 2025 was intended to limit reporters’ coverage of the Pentagon to official statements. According to the policy, journalists seeking information outside of official government channels will be considered a security risk and will have their press privileges revoked. The White House argued that the policy was in the interest of national security.
In his ruling, U.S. District Judge Paul Friedman acknowledged the importance of protecting the U.S. military and war plans, but said in light of President Donald Trump’s recent “invasion” of Venezuela and war with Iran, “it is more important than ever that the public has access to information from a variety of perspectives about government actions.”
Friedman’s ruling Friday came in response to a lawsuit filed by The New York Times. The complaint alleges that Hegseth’s policies violate constitutional free speech and due process protections.
USA TODAY has reached out to the Department of Defense for comment.
A New York Times spokesperson praised Friedman’s decision in a statement.
“The New York Times welcomes today’s ruling, which enforces this country’s constitutionally protected right to a free press,” said Charlie Stadtlander, the newspaper’s executive director of news. “Americans have a right to know how their government is run and what actions our military is taking in their name and with their tax dollars. Today’s ruling reaffirms the right of the Times and other independent media to continue asking questions on behalf of the American people.”
According to CNN, the ruling in federal court in Washington, D.C., came after a March 6 hearing in which Friedman “viewed the policy with skepticism,” especially in light of the U.S. war on Iran.
During the hearing, Friedman acknowledged the need for the Pentagon to “hold certain information closely and securely,” adding, “Openness and transparency allow the public to know what their government is doing.”
“This is what the First Amendment is about,” Friedman said at the hearing, CNN reported.
New guidelines have resulted in most media outlets being banned by the Pentagon.
First Amendment supporters expressed concern when the policy was introduced in 2025.
The Pentagon first issued guidance in September that said reporters could lose access to reporting if they obtain or attempt to publish information they are not authorized to publish. A new version released in October said reporters who “request” information not approved for public release could be disqualified.
The policy states that the receipt and release of unsolicited information, including confidential information, “is generally protected by the First Amendment and generally does not, by itself, result in denial, revocation, or non-renewal of credentials.” But asking for such information from department officials could result in journalists being labeled a “security or safety risk.”
The Pentagon and the majority of media outlets with access refused to sign on to the new policy. That included conservative news websites and networks, as well as nontraditional news organizations that formed a group that attended the first Pentagon news conference under the new guidelines on Dec. 2.
Experts say it’s not clear whether the ostensible policy violates the First Amendment, but they expect the issue to end up in court.
That happened in December, when the New York Times sued the Pentagon for allegedly violating the First and Fifth Amendments and the Administrative Procedure Act.
“This is precisely the type of speech and press restriction system that the Supreme Court and the D.C. Circuit have found to violate the First Amendment,” the complaint states.
Various other news organizations, including the Washington Post, NPR, PBS, and the Associated Press, are suing President Donald Trump’s administration on First Amendment grounds.
Contributed by Reuters.
Breanna Frank is USA TODAY’s First Amendment reporter. please contact her bjfrank@usatoday.com.
USA TODAY’s coverage of First Amendment issues is funded by the Freedom Forum in collaboration with our journalism funding partners. Funders do not provide editorial input.
