Court temporarily reinstates Pentagon’s escort policy for journalists

WASHINGTON — A federal appeals court ruled Thursday that the Pentagon could temporarily require escorts for all journalists who visit the building while The New York Times challenges the policy in court.

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The decision reverses a June order that halted the escort requirement during the litigation.

In its ruling, two of three judges on a panel of the U.S. Court of Appeals for the District of Columbia Circuit wrote that the Pentagon’s escort requirement was “neutrally and evenhandedly applied” and lacked any “demonstrated distinctive harmful impact” on the Times. The third judge said he would have allowed the pause on the policy to stay in place.

A Times spokesperson said in a statement, “While the Times is disappointed with this interim decision, we appreciate that the court has expedited the appeal and look forward to litigating it on the merits.”

Sean Parnell, the chief Pentagon spokesperson, said in a statement posted to social media, “Reporters do not have a First Amendment right to freely roam the halls of the Pentagon.”

The origins of the court battle stretch back to October, when Defense Secretary Pete Hegseth instituted media restrictions that enabled the department to revoke the press passes of journalists it deemed “security risks” if they sought certain information from military employees who were not authorized to speak to the news media.

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In December, the Times sued to block the restrictions, arguing they violated the First Amendment. In March, Judge Paul Friedman ruled in favor of the Times. Days later, the Pentagon released a revised policy that included the escort requirement. It also appealed the ruling.

In May, the Times filed a second lawsuit seeking to overturn the escort requirement on the grounds that it was retaliatory and that it ran afoul of press freedoms. In June, Friedman temporarily blocked the escort policy, saying it shouldn’t stand while the case played out in court. Thursday’s appellate decision overturned that ruling.

In court filings, the Pentagon has argued that without escorts, reporters could “maintain a persistent physical presence near sensitive spaces within the Pentagon,” according to the court declaration of one official. It has also said the requirement did not hamper journalists’ news-gathering activities.

The Times has countered that allowing journalists to circulate in the Pentagon unescorted does not pose a risk to national security and that their ability to roam the corridors is essential to their mission. “The record is overwhelming that this is harming journalism,” Theodore Boutrous, a lawyer at Gibson Dunn who represents the Times, said at a June hearing.

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This article originally appeared in The New York Times.