Friday’s ruling sides with The New York Times in its argument that key portions of the new rules are unlawful.

US District Judge Paul Friedman in Washington, DC, ruled that the Pentagon policy illegally restricts the press credentials of reporters who walked out of the building rather than agree to the new rules. The Times sued the Pentagon and Defense Secretary Pete Hegseth in December, claiming the credentialing policy violates the journalists’ constitutional rights to free speech and due process.

The current Pentagon press corps is comprised mostly of conservative outlets that agreed to the policy. Reporters from outlets that refused to consent to the new rules, including those from The Associated Press, have continued reporting on the military.

Friedman, who was nominated to the bench by Democratic President Bill Clinton, said the policy “fails to provide fair notice of what routine, lawful journalistic practices will result in the denial, suspension, or revocation” of Pentagon press credentials. He ruled that the Pentagon policy ultimately violates the First and Fifth Amendment rights to free speech and due process.

“Those who drafted the First Amendment believed that the nation’s security requires a free press and an informed people and that such security is endangered by governmental suppression of political speech. That principle has preserved the nation’s security for almost 250 years. It must not be abandoned now,” the judge wrote. New York Times spokesperson Charlie Stadtlander said the newspaper believes the ruling “enforces the constitutionally protected rights for the free press in this country”.

“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,” Stadtlander said in a statement. “Today’s ruling reaffirms the right of The Times and other independent media to continue to ask questions on the public’s behalf”. Theodore Boutrous, a lawyer who represented the Times at a hearing earlier this month, said in a statement that the court ruling is “a powerful rejection of the Pentagon’s effort to impede freedom of the press and the reporting of vital information to the American people during a time of war”. The Pentagon did not immediately respond to a request for comment on the ruling.

It has argued that the policy imposes “common sense” rules that protect the military from the disclosure of national security information. “The goal of that process is to prevent those who pose a security risk from having broad access to American military headquarters,” government lawyers wrote. The Times’ legal team, meanwhile, claimed the policy is designed to silence unfavourable press coverage of President Trump’s administration. “The First Amendment flatly prohibits the government from granting itself the unbridled power to restrict speech because the mere existence of such arbitrary authority can lead to self-censorship,” they wrote. (Aljazeera)