Defense Secretary Pete Hegseth secured a significant legal victory Thursday after a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit voted 2-1 to temporarily reinstate a Pentagon policy requiring credentialed journalists to be escorted in certain areas of the building.
The ruling allows the escort requirement to remain in effect while the appeal moves forward on an expedited schedule, with additional court proceedings expected through mid-September.
The appellate court concluded that the Defense Department is likely to succeed in arguing that the policy is a reasonable security measure rather than a violation of the First Amendment. The court also found that the government had shown a strong likelihood of prevailing against claims by The New York Times and Pentagon reporter Julian E. Barnes that the rule was intended to retaliate against the press. The panel included judges appointed by Presidents George H.W. Bush, Barack Obama, and Joe Biden. Judge Brad Garcia, a Biden appointee, dissented.
The decision reverses, for now, a June ruling by U.S. District Judge Paul L. Friedman, who had blocked enforcement of the escort policy. Friedman argued that the rule reflected a flawed interpretation of the First Amendment and stressed that a free press has long played an essential role in protecting national security.
A spokesperson for The New York Times, Charlie Stadtlander, said the newspaper was disappointed by the temporary ruling but welcomed the court’s decision to fast-track the appeal. He said the newspaper looks forward to arguing the case on its merits.
The legal dispute stems from broader tensions between the Pentagon and the press following President Donald Trump’s return to office in January 2025. After earlier legal challenges to revised media credentialing rules, the Defense Department adopted an interim policy requiring escorts for journalists in certain secure areas. The newspaper filed a separate lawsuit, initially winning an injunction against the policy.
Pentagon officials have defended the changes as necessary to protect classified and sensitive information, prevent unauthorized disclosures, and maintain security inside one of the nation’s most sensitive military facilities. Under the policy, attempts to obtain non-public information or encourage unauthorized leaks are not considered protected newsgathering activities. Officials also retain the authority to deny or revoke credentials for individuals deemed security or safety risks.
With the appeals court’s stay now in effect, the escort requirement will remain in place while the case proceeds, marking another chapter in the ongoing legal battle over balancing national security concerns with press access at the Pentagon.
