A federal appeals court has temporarily allowed the Pentagon to continue requiring journalists to be accompanied by government escorts inside the building, handing the Trump administration a victory in a legal battle over press access.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit overturned a lower-court ruling that had blocked the escort requirement. The judges indicated that the Pentagon was likely to succeed in arguing that the policy, which applies broadly to journalists, did not amount to an adverse action serious enough to support a First Amendment retaliation claim.
The dispute stems from sweeping changes to media access introduced by the Pentagon under Defense Secretary Pete Hegseth. The department said journalists could be treated as security risks and lose their press credentials if they sought unauthorized disclosures from military personnel, including information that was not classified.
The policy triggered strong opposition from news organizations. Of the 56 outlets represented in the Pentagon Press Association, only one agreed to sign an acknowledgment accepting the new rules. Reporters who refused were required to give up their access passes.
The New York Times challenged the restrictions in court, arguing that the measures interfered with journalists’ ability to report from the Pentagon and amounted to retaliation against the press.
A lower-court judge had previously found that the Pentagon was obstructing journalists despite an order requiring the restoration of access for credentialed reporters. The judge later blocked the escort requirement after expressing concern that revised rules issued by the department went beyond restrictions that had already been struck down.
The appeals court’s latest decision allows the Pentagon’s escort policy to remain in force while the broader legal dispute continues. The newspaper said it was disappointed by the interim ruling but welcomed the expedited appeal and said it would continue pursuing the case.
The Justice Department, meanwhile, supported the appeals court’s decision.
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