Pentagon says it will appeal judge’s ruling that its press restrictions are unconstitutional

Defense Department officials on Friday said they will appeal a federal judge’s ruling that labeled the Pentagon’s restriction on press access unconstitutional.

U.S. District Judge Paul Friedman granted a request from The New York Times to void the Defense Department’s press credential policy.

Last September, Pentagon officials said they would offer credentials to reporters only if they pledged not to solicit and publish information that wasn’t approved for public release. Nearly every news outlet there, including The Washington Times, refused to sign and was forced to turn in its press pass, known as a Pentagon Facility Alternate Credentials, or PFAC.

In his ruling, Judge Friedman said the Pentagon’s policy violated the First and Fifth amendments to the Constitution. He said the policy gave the Department of Defense unbridled power to pick and choose which journalists to favor and which to punish.

He noted that the Pentagon sanctioned The Washington Post for having a tip line, but let conservative influencer Laura Loomer retain her credentials despite having a nearly identical tip line. Tip lines are used to report suspicious behavior.

The judge said the policy was designed to “weed out” journalists who were out of favor at the Pentagon, adding that it constituted “viewpoint discrimination.”

“We disagree with the decision and are pursuing an immediate appeal,” chief Pentagon spokesman Sean Parnell said in a statement.

Judge Friedman acknowledged that national security must be protected, including the safety of troops and the confidentiality of war plans.

“But especially in light of the country’s recent incursion into Venezuela and its ongoing war with Iran, it is more important than ever that the public have access to information from a variety of perspectives about what the government is doing,” he wrote in his just-released opinion.

The Pentagon Press Association applauded Judge Friedman’s decision and called for the immediate reinstatement of the credentials of all PPA members, including The Washington Times.

“This is a great day for freedom of the press in the United States. It is also hopefully a learning opportunity for Pentagon leadership, which took extreme steps to limit press access to information in wartime,” the PPA said Friday in a statement. “We look forward to returning to the Pentagon and providing the public, including the members of the military currently involved in conflict around the world, information about why and how the Defense Department is waging war.”