Appeals Court Allows Pentagon to Require Escorts for Journalists Pending Appeal

A federal appeals court has allowed the Pentagon to temporarily require journalists to be escorted while inside the building, staying a district court order that had blocked such restrictions. The U.S. Court of Appeals for the District of Columbia Circuit issued the stay in a 2-1 decision, concluding that the Pentagon had demonstrated the policy served national security interests.

The ruling permits the escort requirement to remain in effect during the appeal process.

The case stems from a Pentagon policy announced last fall that restricted access for holders of Pentagon Facility Alternate Credentials, used by journalists to enter the building. The New York Times and reporter Julian E. Barnes sued, claiming the rules violated the First and Fifth Amendments and were arbitrary under administrative law.

A district court granted summary judgment to the plaintiffs in March, finding parts of the policy unconstitutionally vague and designed to limit access for disfavored journalists. The court ordered the reinstatement of access levels as they existed before the policy changes.

The Pentagon responded by issuing a new interim policy the next business day, which included the escort requirement and limited entry to specific purposes such as press briefings and interviews. It also closed the Correspondents' Corridor workspace and planned a new one in an annex.

The district court later ruled that the new policy violated its order and compelled compliance, requiring unescorted access. The Pentagon sought a stay, which the district court denied but granted a brief administrative stay. In the appeals court, Judges Justin Walker and Bradley Garcia formed the majority, finding the Pentagon likely to succeed on merits because the escort rule was a new provision not addressed in the prior judgment.

They noted the department's declaration that unescorted access had led to journalists obtaining sensitive information monthly.