JUDGE RULES PENTAGON RESTRICTIONS ON PRESS ARE UNCONSTITUTIONAL

A federal judge tossed parts of the Pentagon's restrictions on news outlets, saying they violated the First Amendment, in a lawsuit brought by The New York Times. 

The judge ordered the press passes of seven journalists for The New York Times to be restored. 

GUEST BLOG / By Erik Wemple, The New York Times reporting from Washinton DC--A federal judge today ruled that the Pentagon's restrictions on news outlets violate the First Amendment and issued an order tossing parts of the department's policy, handing a victory to The New York Times, which filed suit in December over the restrictions. 

Judge Paul Friedman, of the U.S. District Court for the District of Columbia, also ordered the Pentagon to restore the press passes of seven journalists for The Times. They had surrendered those passes in October instead of signing the policy, which empowered the Pentagon to declare journalists "security risks" and revoke their press passes if they engage in any conduct that the Pentagon believes threatens national security. 

A spokesman for The Times said the ruling "reaffirms the right of The Times and other independent media to continue to ask questions on the public's behalf," adding that "Americans deserve visibility into how their government is being run, and the actions the military is taking in their name and with their tax dollars." 

The Justice Department did not immediately respond to requests for comment. The Pentagon policy took effect in October and drew condemnations from numerous mainstream outlets for penalizing newsgathering methods long protected by the First Amendment. Dozens of journalists who had press passes to the Pentagon turned them in rather than sign the new policy. The Defense Department then welcomed a new set of credentialed media members, most of them pro-Trump commentators or influencers. 

At a March 6 hearing in the case, Judge Friedman signaled his frustration with the rules. A Justice Department lawyer representing the Defense Department, for instance, drew an animated response from the judge when he argued that journalists don't have First Amendment protections when they solicit the "disclosure of unauthorized information." 

"Why not? Why not?" Judge Friedman replied, adding that department officials can simply refuse to answer such inquiries from journalists, but there is "no proscription" on journalists asking questions. 

Judge Friedman had also appeared skeptical of a provision in the policy declaring off-limits certain journalistic tip requests. Though the Pentagon drew a bright line delineating prohibited tip requests from problematic ones, Judge Friedman said, "I don't understand that argument. I hope that the government can explain it." 

It is unclear whether the government will appeal the ruling. In the March 6 hearing, the Justice Department asked that the court send the rules back to the Defense Department for refining - so that the Pentagon could "rehabilitate the policy" - rather than vacate the disputed provisions. 

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