Defense Secretary Pete Hegseth secured a significant legal victory Thursday as a divided panel of the U.S. Court of Appeals for the D.C. Circuit ruled 2-1 to stay a lower court order blocking the Pentagon’s requirement that credentialed journalists be escorted in certain areas of the building.
The decision permits the policy — implemented to safeguard sensitive information and support the department’s core mission of fighting and winning the nation’s wars — to stay in place while the underlying appeal proceeds on an expedited schedule, with further review expected through mid-September.
In its ruling, the appellate panel determined that the Defense Department is likely to succeed in arguing that the escort requirement constitutes a reasonable security measure. It does not violate the First Amendment or amount to retaliation against the press, as alleged by The New York Times and its Pentagon reporter Julian E. Barnes. The three-judge panel included judges appointed by Presidents George H.W. Bush, Barack Obama, and Joe Biden. Judge Brad Garcia, the Biden appointee, dissented.
The ruling overrides a June decision by U.S. District Judge Paul L. Friedman, a Clinton nominee, who had blocked the escort policy and described it as a “perverse reading of the First Amendment.” Friedman had emphasized the importance of a free press to national security, writing that the principle “has preserved the nation’s security for almost 250 years” and “must not be abandoned now.”
A spokesman for The New York Times expressed disappointment with the interim decision but welcomed the expedited appeal. “While The Times is disappointed with this interim decision, we appreciate that the court has expedited the appeal and look forward to litigating it on the merits,” said Charlie Stadtlander.
The dispute reflects ongoing tensions between the Pentagon and the press since President Donald Trump returned to office in January 2025. Last fall, hundreds of journalists surrendered their credentials rather than comply with rules prohibiting the solicitation of unauthorized information. The Times successfully challenged key provisions in March, prompting the Pentagon to introduce an interim policy that included the escort requirement. The newspaper filed a separate lawsuit, initially securing a block on enforcement.
Pentagon officials have maintained that the changes are essential to protect national security, prevent leaks of classified or sensitive material, and ensure orderly operations in a secure facility. Under the policy, efforts to obtain non-public information or encourage unauthorized disclosures fall outside protected newsgathering. Credentials may be denied or revoked for those posing safety or security risks. Most members of the Pentagon press corps declined to acknowledge the updated rules and lost access.
The appeals court’s action keeps the escort policy operational during the ongoing litigation, underscoring the department’s push under Secretary Hegseth to address information security while balancing press access concerns.
