Credited from: SCMP
The New York Times has accused the Pentagon of violating a federal court order that restricted its press access policy. During a court hearing, Times lawyer Theodore Boutrous asserted that the Pentagon has implemented a revised policy circumventing the judge’s March 20 ruling, which deemed certain restrictions unconstitutional. The court initially ordered the Pentagon to reinstate press credentials for seven Times reporters, stating that his directives apply to “all regulated parties,” according to SCMP and CBS News.
At the hearing, U.S. District Judge Paul Friedman expressed concerns that the new Pentagon policy could be harsher than the previous one, further limiting journalists' access to the headquarters. He remarked, “Is this Kafka? What’s going on here?” while reviewing declarations regarding the difficulties reporters faced under the new guidelines. The Pentagon's recent policies have sparked significant debate, particularly regarding their compliance with constitutional protections for press freedom, according to Reuters and CBS News.
The New York Times has argued that the revised Access Policy imposes significant new restrictions on journalists, including a mandate that accredited press members cannot enter the building without an escort and restrictions on offering anonymity to sources. Boutrous claimed these measures are an attempt to bypass the court's ruling, saying, “Nothing will stop them. Not a court order. Not an injunction,” according to Reuters and CBS News.
In contrast, Pentagon representatives maintain that their new policy is compliant with the court's directives, arguing that the adjustments were made in good faith. Government lawyer Sarah Welch emphasized that the restructured access policies include provisions aimed at ensuring reporters' safety while conducting newsgathering tasks. Nonetheless, the Pentagon Press Association expressed that the interim policy still preserves some provisions deemed unconstitutional while adding further limitations on press access, according to SCMP, Reuters, and CBS News.