By Jan Wolfe
March 6 (Reuters) – A U.S. judge appeared on Friday likely to block the Pentagon’s restrictive new policy on press access that threatens journalists with being branded security risks if they ask Defense Department employees to disclose classified or some types of unclassified information.
U.S. District Judge Paul Friedman, hearing about two hours of arguments in Washington in a legal challenge filed by the New York Times, questioned lawyers for President Donald Trump’s administration on whether the policy ran afoul of the U.S. Constitution’s First Amendment protections for press freedom and free speech.
The judge indicated that the policy could stifle traditional newsgathering methods.
“Reporters have to be able to ask a question,” Friedman told the Justice Department lawyers. “All you have to do is say, ‘I can’t answer that question for national security reasons.'”
The judge added that the policy gives “unbridled discretion” to defense officials to decide which media outlets are granted building passes to the Pentagon that let them attend press briefings, meet with officials and speak with sources.
The policy, implemented in October, was part of the pressure being exerted by the administration on major media organizations that Trump has asserted are biased against him.
The policy requires journalists to acknowledge that they could be deemed security risks and have their Pentagon press badges revoked if they ask Defense Department employees for classified and some types of unclassified information.
The Pentagon, headed by Trump appointee Pete Hegseth, has said in court filings that the policy is “pragmatic” and “calculated to protect national security while still allowing press access.”
Friedman pushed back on that claim, saying the policy could interfere with constitutionally protected press freedoms. The judge said independent reporting on the Pentagon is “more important than ever” because of the recent U.S. military interventions in Venezuela and Iran.
“That’s what the First Amendment is all about,” said Friedman, who was appointed by Democratic former President Bill Clinton.
The suit, which seeks a judicial order blocking the policy, called the restrictions a violation of the Constitution’s Fifth Amendment right to due process as well as the First Amendment protections. The judge did not issue a ruling during the hearing but said he would do so promptly.
At least 30 news organizations, including Fox News, the Washington Post and Reuters, chose to give up their press badges rather than sign the new policy, citing a threat to press freedoms.
Since the exodus of traditional media outlets, the Pentagon has assembled a new press corps consisting largely of pro-Trump outlets and individuals.
The Pentagon declined to comment after Friday’s hearing.
Asked in October about the policy, Trump told reporters that Hegseth “finds the press to be very disruptive in terms of world peace and maybe security for our nation.”
The case brought by the New York Times follows another one brought last year by the Associated Press against three senior Trump aides after the White House limited the news organization’s access to press gatherings.
The White House took the action after the AP decided to continue using the Gulf of Mexico’s established name, while acknowledging Trump’s executive order renaming it the Gulf of America. That lawsuit remains pending.
(Reporting by Jan Wolfe; Editing by Will Dunham)
