Appeals court allows Pentagon escort rule for all reporters

A federal appeals court ruled Thursday that the Pentagon may require journalists to have a government-provided escort when entering the building. The decision applies the escort requirement to the entire press corps and puts on hold a district judge’s earlier ruling that had sided with The New York Times.

Background on the policy Defense Secretary Pete Hegseth first required journalists assigned desk space inside the Pentagon to accept limits on how they used sources. Most news organizations declined and lost their workspace but kept their credentials.

The Times challenged that policy and prevailed in district court. Officials then adopted a new rule requiring an escort for every reporter, even those with credentials. The Times sued again, arguing the escort rule was retaliation for its earlier court victory.

Appeals court decision The U.S.

Circuit Court of Appeals for the District of Columbia, in a 2-1 ruling, found the policy was not aimed solely at The New York Times because it covers all news organizations. The court set an expedited schedule for further briefing and oral argument.

“If threatening to impose a requirement like the escort requirement on one journalist would (as the district court found) sufficiently chill his speech, it makes little sense to suggest that effect evaporates if the government threatens to impose the same requirement on all reporters.”

The dissenting judge said the fact that the rule applies to everyone does not remove its potential chilling effect on speech. The ruling is preliminary and does not end the litigation.