Federal judge Paul Friedman, of the United States District Court for the District of Columbia, ruled this Friday (20) that the restrictions imposed by the War Department on the activities of journalists within the Pentagon violate the American Constitution and ordered the suspension of parts of the policy adopted by the government. The decision was taken in action filed by the newspaper The New York Timeswhich challenged the new rules imposed last year.
The policy created by the Pentagon required reporters to sign an agreement to obtain credentials, providing that certain information could only be released after official approval from the department. The regulation also allowed the Department of Defense to classify journalists as a “security risk” and revoke their passes if it considered that any report could “threaten national interests”. At the time, several major US media outlets refused to sign the new rule and lost access to the Pentagon.
In the decision, Friedman concluded that the rules violate the First Amendment of the United States Constitution, which protects freedom of the press, in addition to presenting vague terms that could lead to arbitrary punishments. As the judge wrote, the policy could favor reporters willing to publish only content approved by War Department leadership.
The judge also ordered the Pentagon to restore the credentials of journalists who had returned their passes in October, when the new requirements came into force.
Judge Friedman stated in the decision that, especially in times of military operations and international conflicts, it is even more important that the public has access to information about the government’s actions from different perspectives.
The Department of Justice, which represented the government in the process, can still appeal the decision. So far, the Pentagon has not said whether it intends to modify the policy or challenge the court order.
