Judges rule Pentagon can require reporter escorts during policy appeal
Key takeaways
- The majority opinion on the ruling, made by a split, three-judge panel from the U.S.
- On that basis, the Department argues that unescorted access to the Pentagon will increase the risk that journalists obtain and disseminate sensitive information, jeopardizing national security.
- District Judge Paul Friedman in a March 20 order sided with the Times, saying it was in violation of the First and Fifth amendments and ordered the Pentagon to restore reporters access to the building.
Why this matters: political developments that affect policy direction and public trust.
The majority opinion on the ruling, made by a split, three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit, said the administration is likely to succeed in showing that its escort requirement is legally valid.
Pentagon spokesman Sean Parnell submitted a declaration to the court explaining that prior to the new press policy, enacted in October, journalists obtained sensitive or classified information often monthly, and sometimes multiple times per month, including information concerning operational plans and intelligence assessments.
Unescorted access to the Pentagon was, according to the Department, a significant contributing factor to that pattern because it enabled reporters to observe activity patterns and identify potential sources of sensitive information, according to the majority ruling. On that basis, the Department argues that unescorted access to the Pentagon will increase the risk that journalists obtain and disseminate sensitive information, jeopardizing national security.