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Last month, the Department of Defense issued a memo to reporters imposing an unprecedented set of restrictions on covering the Pentagon and setting a deadline for members of the press to sign a pledge of compliance. Since then, news organizations have pushed back. The Pentagon Press Association, a group representing journalists who work in the building, has met with the press office, as did the Reporters Committee for Freedom of the Press. Some considered bringing a legal challenge to the policy. As the deadline for signatures nearedâand no one, it seemed, was willing to submit to the termsâthe Pentagon issued a revised version of the document. But reporters quickly determined that it wasnât much of an improvement. âI think weâll all be out of the building within weeks,â a member of the press corps told me.
Since Monday evening, when the revised policy was released, Pentagon reporters have been trying to make sense of what it means, exactlyâand conferring with one another about their shared unease with the vagueness in the language, which they fear could leave them vulnerable not only to having their credentials revoked, but also to facing legal repercussions. Soliciting information from Pentagon personnel âwould not be considered protected activity under the 1st Amendment,â according to the document, and members of the news media âwho find themselves in possession of informationâ that appears to be unsanctionedâwhether thatâs âclassified national security informationâ or âcontrolled unclassifiedâ documentsâare expected to âdiscuss those materialsâ with the Pentagon press office ahead of publication. But itâs unclear precisely what that would entail. âItâs standard practice by us and any other news organization to get a Pentagon statement when weâre going to report something,â an editor of a DC-based military publication told me. âWe would always discuss, I guess, in one sense of the word. But it looks like they want to have a discussion like, âOkay, talk about it with us before you publish it so that we can tell you not to publish it.ââ The deadline to sign on to the rules is next Tuesday.
Jane Kirtley, a professor of media law at the University of Minnesota who reviewed the policy, said that the updated guidelines are âclumsy, burdensome, and very likely to delay the release of information, even if weâre talking about unclassified information.â The policy would have a chilling effect, she noted, particularly on members of the military. âTo be clear, these are the laws and regulations that apply to military members and DoWââDepartment of War, the Trump administrationâs new name for the Department of Defenseââcivilian employees and contractors,â the memo states. âMembers of the news media are not required to submit their writings to DoW for approval. However, they should understand that DoW personnel may face adverse consequences for unauthorized disclosures.â As Kirtley observed, âThere are multiple statements in here that say that the journalist does not need to obtain approval, that the burden of getting approval rests on the military personnel, and that even if a journalist gets classified information that they didn’t solicit, they have the constitutional right to publish it.â
And yet the Pentagonâs policy notes, too, that âan advertisement or social media post by an individual journalist or media outlet that directly targets DoW personnel to disclose non-public information without proper authorization would constitute a solicitationââwhich could lead to a reporterâs press credentials being revoked.
Barbara Starrâa senior fellow at the University of Southern Californiaâs Annenberg Center on Communication Leadership and Policy, who spent more than two decades as CNNâs correspondent in the buildingâsaid that, âwhile the Pentagon has amended some of their original press policy, itâs still extremely concerning that everything is aimed at restricting the ability of the press to do its job under the First Amendment. Which, by the way, every member of the military swears an oath to protect.â Another reporter in the Pentagon press corps told me, âWe were going to try and make a very good effort to get the document revised with an aim of it being something that most media organizations could sign.â But the updated version âwas just really disappointing to read,â the reporter said. âThe first set of rules, about reviewing our work, were admittedly rolled back, but in every other meaningful way, the document was actually an escalation of the restrictions.â
Tara Copp, the Washington Postâs Pentagon correspondent, addressed Pete Hegseth, the secretary of defense, on X, saying that he âfalsely suggested Pentagon reporters prowl the hallways accessing offices they are not allowed. We donât. Even his boss, President Trump, allows reporters in to the Oval to ask him questions, and every defense secretary Iâve covered for more than a decadeâboth Republican and Democratâhas welcomed reporters to their office to talk. Hegseth is the exception.â
Copp, a member of the Pentagon Press Association, also shared a statement from the group. âThe Pentagon Press Association has been cautious with our public statements since the Defense Department first announced it would force reporters to make a choice: sign onto rules creating unprecedented restrictions on our ability to report the news, or end our historically-held access to the Pentagon,â the message went. âThis caution was meant to support efforts to negotiate revisions to the document the Defense Department is requiring our members to sign to secure new credentials, in place of valid badges that are being taken awayâthe kind weâve always worn. Unfortunately, those negotiations have not been as successful as we had hoped.â
The group also wrote that the policy âleaves open the threat of the Department of Defense revoking credentials for reporters who exercise their First Amendment rights by seeking information that hasnât been pre-approved for formal release, even when the information is entirely unclassified.â It also intimidates DoD officials, they argued, âsuggesting itâs criminal to speak without express permission.â
The statement raised concerns about the increasing isolation of reporters, noting plans to move them out of their dedicated workspaces in the Pentagon. In January, Hegseth upended the long-standing arrangement of the buildingâs press offices, ordering the removal of the New York Times, NPR, and Politico. Breitbart News and One America News Network were invited in. âA lot of the conversations are just talking about how we see our day-to-day lives,â a Pentagon reporter said, of the talk around the building this week. âWhat does our normal workday look like in a post-Pentagon world? Do we go back to our bureaus? Do we work from home? There are some reporters for smaller outlets who are interested in seeing if we can make a communal work situation happen. Even though weâre all in competition with each other, being in close proximity to our peers who are also experts in the military and bouncing ideas off each otherâthat sense of community is helpful.â
Sean Parnell, the chief Pentagon spokesperson, responded to criticism of the policy with a statement: âBeyond their displeasure at no longer being permitted to solicit criminal acts, the Pentagon Press Associationâs objection to our updated media policy is that we require journalists to simply acknowledge they understand our rules protecting information critical to operational and national security.â Of the new guidelines, he said, âthe only change is an overdue update to our credentialing process, which hasnât been revised in yearsâif not decadesâto align with modern security standards.â Parnell also noted that âeven The New York Times has recognized the Departmentâs accommodating approachââreferring to an article that covered the news of the latest memo. But the Times story (headlined âPentagon Relaxes Press Access Rulesâ) has been heavily criticized by reporters around the Pentagon, who believe it mischaracterized the revisions as representing greater leniency. (In a Fox News interview with Peter Doocy on Sunday, Hegseth said that âthe Pentagon press corps can squeal all they want.â)
When the Pentagon shared its updated policy with reporters, the press office noted that it had engaged with members of the Pentagon Press Association and the Reporters Committee for Freedom of the Press âto address press concerns contained in the previous version.â Even so, Gabe Rottman, the vice president of policy for the Reporters Committee for Freedom of the Press, said in statement, âWe still have concerns with the updated language of the policy and expect that it will pose a significant impediment as journalists weigh with their employers whether or not to sign this revised version.â
The policy has already put Pentagon reporters in a tough position. âJust this Sunday, when President Trump was speaking in Norfolk, he made this comment that âWe conducted a strike yesterday in Venezuela,ââ a member of the press corps told me. âThat set off a flurry, because we were like, Hang on, the strike was on Friday. Does he mean Friday? Or was there another one on Saturday? And I did my reporter thing. I called officials in the Navy. I called officials at the Office of the Secretary of Defense and eventually managed to get an off-the-record Hey, no, I think he misspoke. It is becoming increasingly difficult to even get on-the-record statements along those lines of No, no, this is just not factually correct.â
âYou know, I had accepted it,â another Pentagon reporter told me. âI mean, itâs infuriating and upsetting. At the end of the day, itâs just going to make our jobs harder. But weâre not going to stop doing our jobs. Weâre just going to have to keep finding new ways to do it.â
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