Just a few days ago, The New York Times filed a sweeping lawsuit accusing the Pentagon of violating the First and Fifth Amendments by updating the rules for Pentagon Facility Alternate Credentials.
The Times frames these rules as an attack on journalism itself. That framing is completely inaccurate. The Department of War implemented a policy aimed at securing one of the most sensitive buildings in the United States, and the policy neither restricts publication nor bars legitimate reporting.
It simply establishes basic conditions for physical access to the Pentagon.
Those conditions are lawful, reasonable, and consistent with long-standing principles governing access to nonpublic government facilities.
What the Times avoids acknowledging is that no journalist has a constitutional right to roam the Pentagon on an unescorted basis. Courts have been clear for decades that facilities such as the Pentagon are “nonpublic forums,” allowing the government to impose reasonable access limits that protect security and operational integrity.
Access can be granted or denied based on compliance with building rules. It cannot be demanded as if the First Amendment guarantees a permanent press badge.
The new Pentagon policy does not regulate what the Times may print, what sources it may speak with, or what stories it may pursue. It regulates whether a reporter may carry a credential that functions as a secure building pass.
Under the updated system, reporters seeking Pentagon Facilities Alternative Credentials (PFACs) must acknowledge that the Pentagon expects credentialed visitors not to solicit or encourage the unauthorized release of protected information.
Federal employees already face strict rules governing how classified and controlled unclassified information is handled. The Pentagon’s policy simply reflects that reality: if reporters want special access inside a secure military headquarters, they cannot use that access to induce potential violations of federal disclosure rules.
That standard does not restrict publication. It applies only to conduct inside a restricted facility and to abuses of the access privilege itself.
The Times argues that prohibiting solicitation of unauthorized disclosures “chills journalism.”
It does not.
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