The restrictions were introduced in October 2025 by Defense Secretary Pete Hegseth and allowed for the revocation of journalists' accreditation for attempts to obtain unauthorized information, including unclassified data. These measures effectively gave the Pentagon the right to treat reporters as potential security threats.
The New York Times emphasized that the new rules provided the Pentagon with the ability to arbitrarily restrict access to information and replaced independent journalism with a system of pre-approval for materials.
Judge Friedman stated that such restrictions violate the First and Fifth Amendments of the U.S. Constitution, as they are formulated too vaguely and broadly. He noted that they created a risk of sanctions for any journalistic investigation without the department's approval, not providing reporters with clear guidance on what specific information they could request.
The judge also highlighted that in the context of military conflicts and U.S. overseas operations, it is crucial for the public to have access to information about government actions from various sources.
Pentagon representatives have already announced their intention to appeal the court's decision, pointing out that of the 56 media outlets in the press corps, only one agreed to accept the new conditions. Following this, the department formed a new pool of media more favorable to the administration.
