REGULATORY · USA
US judge blocks Pentagon press access policy
Change
A federal judge enjoined key portions of the Pentagon’s press access policy, finding those provisions unconstitutional.
Why it matters
Judge Paul Friedman enjoined significant provisions of the October policy, including rules that prohibited soliciting information not directly provided by the Defense Department and that revoked credentials of outlets refusing to sign. Major national news organizations declined to sign the policy; one of 56 Pentagon Press Association outlets agreed to sign. Justice Department lawyers argued credentialing decisions were governed by neutral, objective criteria and stressed that solicitation to commit a crime is not protected speech. After the policy was approved, the Pentagon assembled a new press corps composed largely of pro-administration outlets and media personalities.
Implications
- · Pentagon press offices cannot enforce the enjoined provisions that would revoke credentials or require outlets to sign the policy when making accreditation decisions.
- · Journalists retain the ability to solicit information from military sources without losing Pentagon credentials under the blocked rules.
- · Press credentialing procedures must conform to the First Amendment constraints identified by the court.
Who is affected
- · Department of Defense press offices
- · Press credentialing administrators
- · Journalists and news organizations
Source
Topics
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