Defense Secretary Pete Hegseth addressed attendees at the United States Army War College during the Pennsylvania Defense and Innovation Summit held on July 15, 2026. In a significant legal development, a panel of three federal judges has upheld the Pentagon’s policy that mandates government escorts for journalists within its building. This decision reverses a prior ruling by a lower court judge.
The U.S. Court of Appeals for the D.C. Circuit panel issued its decision on Thursday evening. Two out of the three judges supported the Department of Defense’s stance, asserting that its policy on escorts is likely not unconstitutional retaliation as per the First Amendment. This overturned the previous decision obtained by The New York Times, which argued that the policy infringed on press freedom.
The New York Times had filed a lawsuit against the Pentagon, challenging the escort requirement. This policy was enforced after The Times had earlier persuaded a judge to halt strict credentialing rules that restricted defense reporters’ ability to gather information.
The complaint by The Times highlighted, “Stories based on routine unplanned interactions between journalists and Pentagon personnel on Pentagon grounds, stories built on dozens of conversations with Pentagon press officers from various parts of the Department and across the building, stories that capture the mood and atmosphere within the Pentagon during times of consequential military operations—all are examples of what Plaintiffs can no longer report.”
Defense officials maintain that these changes are essential to curb the risks of classified information leaks and protect national security. The panel’s judges were nominated by former Presidents George H.W. Bush, Obama, and Biden. The dissenting opinion came from the judge nominated by President Biden.
The appeals court’s decision nullifies a ruling by District Court Judge Paul L. Friedman made in June that suspended the escort requirement. Judge Friedman had characterized the requirement as a “perverse reading of the First Amendment.”
The New York Times expressed disappointment with this interim decision but acknowledged the expedited appeal process. They are keen to continue litigating the matter based on its merits.
This decision adds to the ongoing tension between Pentagon officials and journalists covering defense matters, a situation that has persisted since the beginning of the second Trump administration. Reporters traditionally had access to public areas within the Pentagon to attend briefings and gather information from officials. However, a new policy introduced last October prompted hundreds of journalists to relinquish their press passes. The contentious policy required them to refrain from seeking unauthorized information, classified or not, to maintain their credentials.
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