# New York Times v. Department of Defense ruling (March 20)

_Friday, June 26, 2026 at 4:39 PM EDT · Policy · Latest · Tier 2 — Notable_

![New York Times v. Department of Defense ruling (March 20) — Primary](https://firstamendment.mtsu.edu/wp-content/uploads/sites/2/2026/03/AP25288763196910.jpg)

U.S. District Judge Paul L. Friedman ruled March 20, 2026, in favor of The New York Times in New York Times v. Department of Defense. The decision found that Pentagon press rules adopted in 2025 by Secretary of War Pete Hegseth violated the First and Fifth Amendments on their face. The regulations required credentialed journalists to sign statements limiting their solicitation of information and pledging not to report details the Pentagon had not approved for release.

The New York Times sought summary judgment after seven of its journalists lost credentials when they declined to sign. National security reporter Julian Barnes, who had held Pentagon credentials since 2004, was among those excluded. The judge determined the rules were unconstitutionally vague under the Fifth Amendment because they failed to provide clear notice of what conduct would lead to exclusion or what penalties would apply.

Friedman also held that the policy amounted to viewpoint discrimination in violation of the First Amendment. He observed that the Pentagon had replaced most excluded journalists with individuals who had pledged favorable coverage to the administration, including Mike Lindell, Laura Loomer and James O'Keefe. The judge found the grant of unbridled discretion to officials unreasonable and noted that denial of First Amendment rights constitutes irreparable injury.

Pentagon spokesman Sean Parnell said the government will appeal. The New York Times has more than 12 million subscribers. Friedman wrote that the public needs access to information from a variety of perspectives about military actions.

## Sources

- [MTSU First Amendment Encyclopedia](https://firstamendment.mtsu.edu/article/new-york-times-v-department-of-defense-2026-u-s-district-court-d-c/)

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Retrieved: 2026-06-27T00:59:26.685Z
Publisher: Tech & Business (techandbusiness.org)