A judge last week struck down the Pentagon’s restrictions on journalists seeking “unauthorized” information, siding with the New York Times in its lawsuit against the government. In response, the Pentagon on Monday added some meaningless window dressing and essentially reissued the same restrictions. The administration pledged to “immediately” appeal the decision on the original policy, and on Tuesday, the Times filed a motion to compel the administration to comply with the judge’s order.
As alarming as the Pentagon’s antics are, the Times’ lawsuit is not the only case about whether reporters have the right to ask questions. It’s not even the only one in the news this week.
In 2017, police in Laredo, Texas, arrested citizen journalist Patricia Villarreal under an obscure and never previously used law making it a felony to ask government employees for nonpublic information for personal benefit. Her supposed crime was asking a police officer about two local tragedies — a suicide and a deadly car wreck.
Her arrest was widely ridiculed, and a judge quickly threw out the charges. When Villarreal sued over her arrest and mistreatment by officers, the legal question wasn’t whether the charges against her were permissible but whether they were so obviously bogus that she could overcome qualified immunity, the unjust and expansive legal shield that protects government employees from liability for all but the most blatant violations. That issue went to the Supreme Court twice, but on Monday, the Court declined to review a federal appellate court’s ruling that the officers were shielded from liability.
Hellbound and Down 