Judge Blocks Pentagon's Restrictive Press Access Policy

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Scott Nover @ScottNover
BREAKING: A federal judge ruled in favor of the New York Times, finding that the Pentagon's press policy violated its First and Fifth Amendment rights, and that of reporter Julian E. Barnes:



Natasha Bertrand @NatashaBertrand
The ruling uses multiple DoD officials’ statements against them.

“The record evidence supports the conclusion that the Policy discriminates not based on political viewpoint but rather based on editorial viewpoint—that is, whether the individual or organization is willing to publish
only stories that are favorable to or spoon-fed by Department leadership.

See, e.g., (Ms. Wilson praising the new PFAC holders for being “on board and willing to serve our commander in chief”). As counsel for the plaintiffs put it at oral argument, the difference
between the prior and current PFAC holders is their viewpoint on “the nature of the role of the journalists covering the Pentagon.” OA Tr. at 16-17.

In sum, the undisputed evidence reflects the Policy’s true purpose and practical effect: to weed out disfavored journalists—those who were not, in the Department’s view, “on
board and willing to serve,” SUMF at 16 (¶ 91)—and replace them with news entities that are.

That is viewpoint discrimination, full stop.”

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1. read the ruling

Katrina vandenHeuvel @KatrinaNation 5m
Read the Ruling in The Times’s Lawsuit Against the Pentagon https://t.co/8Kdsu429rp share via @NYTimes

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2. K&R