December 04, 2025
Back to all stories

NYT and reporter Julian Barnes sue Pentagon and Hegseth over new press-access policy, alleging First and Fifth Amendment violations

The New York Times and intelligence reporter Julian Barnes have sued the Department of Defense, Secretary Pete Hegseth and chief Pentagon spokesman Sean Parnell over a new press‑access policy, alleging it violates their First and Fifth Amendment rights. The complaint says the policy gives the Pentagon unbridled discretion to suspend or revoke PFAC credentials, amounts to viewpoint discrimination — noting invited reporters signed a pro‑Trump pledge — has been widely rejected by news organizations, and cites Sherrill v. Knight and Karem v. Trump as due‑process precedents.

Pentagon and Press Freedom Press Freedom and Pentagon Policy First Amendment Litigation

📌 Key Facts

  • The New York Times filed a lawsuit naming itself and NYT intelligence reporter Julian Barnes as plaintiffs against the Pentagon, Secretary of Defense Pete Hegseth, and Chief Pentagon spokesman Sean Parnell.
  • The complaint alleges the Pentagon's new press-access policy violates the First and Fifth Amendments.
  • Plaintiffs contend the policy constitutes viewpoint discrimination, noting reporters invited after signing the Pentagon pledge are outspoken supporters of President Trump.
  • The policy is described in the suit as granting officials "unbridled discretion" to suspend or revoke PFAC credentials for reporting unapproved information, whether on or off Pentagon grounds.
  • The New York Times says the policy has been "widely rejected by dozens of news organizations" across media types.
  • The complaint cites legal precedents such as Sherrill v. Knight (1972) and Karem v. Trump (2020) to support its argument for due-process protections in press credentialing.

📊 Relevant Data

According to a 2018 survey, 6.2% of active-duty women and 0.7% of active-duty men in the US military experienced sexual assault, despite women comprising approximately 17.7% of active-duty personnel as of 2023.

Prevalence of Sexual Assault in the Military — RAND

A 2024 study estimated that there were approximately 35,900 cases of sexual assault in the US military in 2021 and around 29,000 in 2023, which are 2 to 4 times higher than government estimates.

U.S. military sexual assault rates 2 to 4 times higher than govt estimates, study says — NBC News

Between an unspecified recent period covered in the 2025 report, there were 167 recorded cyber attacks on military/defense sectors, of which 37.7% were data breaches.

Military/Defense Threat Intelligence Report – 2025 — ThreatMon

In February 2024, the Department of Defense notified more than 26,000 people who may have been impacted by a data breach where email messages with personally identifiable information were inadvertently exposed online.

DOD notifying more than 26,000 people who may be impacted by a year-old data breach — DefenseScoop

📰 Sources (2)

New York Times sues Pentagon over its new press policy, says it violates First and Fifth Amendment rights
Fox News December 04, 2025
New information:
  • The suit names NYT intelligence reporter Julian Barnes as a co-plaintiff alongside The New York Times.
  • Chief Pentagon spokesman Sean Parnell is named as a defendant in addition to the Department of War and Secretary Pete Hegseth.
  • The complaint alleges viewpoint discrimination, noting reporters invited after signing the pledge are outspoken supporters of President Trump.
  • The policy is described as granting 'unbridled discretion' to suspend or revoke PFAC credentials for reporting unapproved information, on or off Pentagon grounds.
  • NYT spokesperson Charlie Stadtlander says the policy has been 'widely rejected by dozens of news organizations' across media types.
  • The article cites Sherrill v. Knight (1972) and Karem v. Trump (2020) as precedents for due process in press credentialing.
'New York Times' sues Pentagon over media restrictions
NPR by David Folkenflik December 04, 2025