On October 15th of this year, the Pentagon changed its press policy, restricting what journalists can report and gather information on, while also extending a harsher penalty for any violation. All major news outlets have collectively agreed to protest the new policy, saying it violates their First Amendment rights, resulting in the journalists walking out and giving up their Pentagon press credentials.
The change resulted in all news outlets giving up their Pentagon press credentials.
Major news outlets have cited the Pentagon’s new press policy, which requires journalists to pledge that they won’t gather or report on unapproved material, whether the information is classified or unclassified. They argue that the federal government is infringing on their First Amendment rights and taking away their right to freedom of the press, which is constitutionally unlawful.
Major news outlets including those of the likes of ABC, CBS, CNN, Fox, and NBC, all of whom have different political views, agreed to give up their press credentials to the Pentagon in protest to the new policy. “Today, we join virtually every other news organization in declining to agree to the Pentagon’s new requirements, which would restrict journalists’ ability to keep the nation and the world informed of important national security issues,” stated NBC alongside other major news outlets in response to the Pentagon’s policy change.
The First Amendment, which says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press,” clearly states that Congress cannot interfere with freedom of the press. In The New York Times Co v. United States, the Supreme Court ruled that the First Amendment overrides the government’s interest in keeping documents, even if they are classified. This ruling protects news outlets from reporting information, even if it is deemed classified, from legal action by any federal outlet. Due to this ruling, “Congress” in the First Amendment is reclassified to the federal government, which includes the Pentagon since the Department of Defense is a federal entity.
The opinion of the news outlets is reasonable when accounting for The New York Times Co. V. United States and the constitution, but is this an infringement of their First Amendment rights? It’s up to the legal system to decide.
