The New York Times has initiated legal action against the US Department of Defense, seeking to block controversial new regulations for journalists imposed by Defence Secretary Pete Hegseth. The lawsuit, filed on Thursday 4 December 2025, argues the rules violate constitutional protections for free speech and due process.
A Policy Labelled as "Viewpoint Discrimination"
The core of the dispute lies in regulations that grant Secretary Hegseth unilateral authority to ban reporters from the Pentagon. The policy has resulted in most mainstream media outlets, including The New York Times, The Associated Press, The Washington Post, and CNN, being barred from the building after they refused to accept the rules as a condition for their press credentials.
Charles Stadtlander, a spokesman for The New York Times, stated the policy is "an attempt to exert control over reporting the government dislikes." The newspaper contends that the rules create a chilling effect, as Hegseth can oust journalists working on stories he disapproves of, even if those stories do not involve classified material.
The Times is citing comments from Pentagon press secretary Kingsley Wilson, who during a Tuesday briefing called legacy media "propagandists," as evidence of viewpoint discrimination. This mirrors an argument The Associated Press is using in a separate case against President Donald Trump regarding access to the Oval Office and Air Force One.
Pentagon Press Room Transformed
In place of the barred mainstream outlets, the Trump administration has filled the Pentagon press room predominantly with conservative media organisations that agreed to the new terms. These outlets participated in Tuesday's briefing with Wilson.
Wilson defended the policy, saying it imposes "common sense" rules to protect the military from the release of dangerous information. He added, "The American people don’t trust these propagandists because they stopped telling the truth. So, we’re not going to beg these old gatekeepers to come back."
Despite being denied physical access, outlets like The Times have continued reporting on military affairs from outside the Pentagon. This past week, they led coverage questioning Hegseth's role in military strikes on boats allegedly involved in drug smuggling.
Legal Battle and Broader Implications
The lawsuit was filed in the U.S. District Court in Washington, D.C., on behalf of the newspaper and its reporter, Julian E. Barnes. The named defendants are the Defense Department, Secretary Pete Hegseth, and chief Pentagon spokesman Sean Parnell.
Lawyers for The Times believe their case alleging viewpoint discrimination is particularly strong because their reporters have completely lost their credentials to enter the Pentagon, unlike the AP journalists who retain White House access but are barred from specific events.
There is a significant concern that similar restrictive press policies could be implemented across other federal agencies if this Pentagon policy is upheld. The New York Times, while acting alone to move swiftly, has expressed it would welcome support from other news organisations in this legal challenge.
