Judge says Pentagon must restore press access

A federal judge in Washington, D.C., on Tuesday, May 21, 2024, blocked the U.S. Department of Defense from implementing a restrictive new press policy, ruling that the policy was an unlawful attempt to circumvent his previous order that struck down similar restrictions issued last year. The ruling represents a significant victory for media organizations and First Amendment advocates who argued the policy would severely limit journalists' ability to report on military operations and national security matters. The case centers on a policy the Pentagon attempted to institute after U.S. District Judge Royce Lamberth ruled in 2023 that its previous set of press restrictions was unconstitutional. The new policy, which the judge has now also blocked, would have required journalists to obtain pre-approval from public affairs officers for interviews with any Defense Department personnel, including civilian experts and service members. Media coalitions, including a group of over a dozen major news organizations, sued, contending this created a de facto prior restraint on speech and gave officials unchecked power to deny access based on subjective criteria. In his latest decision, Judge Lamberth found the new policy was essentially a repackaged version of the old, unlawful one. He stated the Defense Department failed to demonstrate a compelling government interest that justified such broad restrictions and noted the policy's vague language could lead to arbitrary enforcement. The ruling mandates that the Pentagon must restore the previous, more open access framework for the press while it works to draft a constitutionally sound policy. This ongoing legal battle underscores the tension between government secrecy for operational security and the public's right to information about military and defense activities.