Wednesday was a major moment for the coverage of the United States military. Scores of journalists with access to the Pentagon handed in their press passes rather than sign on to new rules laid out by Pete Hegseth, the secretary of defense.
The news organizations that have refused to agree to the rules include large organizations such as The New York Times, NBC News and Fox News, as well as many smaller publications that focus entirely on the military. At least one news organization, the conservative cable network One America News, has agreed to the new terms.
The new rules codify sharp limitations on access and raise the prospect of punishment — including revocation of credentials — for simply requesting information on matters of public interest. Lawyers representing national news organizations have been negotiating for weeks with Pentagon officials over the strictures.
The old rules fit on a page. The new ones fill out 21 pages.
The new rules are a stark departure — in length and scope — from the previous guidelines the Pentagon required journalists to sign to obtain a press pass. Here are some of the differences.
New York Times Analysis
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The Old Rules
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For many years before Pete Hegseth became defense secretary, journalists needed to sign a one-page list to obtain a press pass, as well as agree to a background check and other security measures. This copy of the one-page form was signed by Idrees Ali, a reporter for Reuters, in 2020.
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The New Rules
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The Pentagon has framed the new restrictions, outlined in this memo, as an important step toward “preventing leaks that damage operational security and national security.” Media outlets see an attempt to curb First Amendment protections and question the policy’s premise. “Our members did nothing to create this disturbing situation,” reads a statement from an association representing Pentagon reporters.
Roving Reporters
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Mr. Hegseth has expressed concerns about reporters walking unescorted in Pentagon corridors, according to people with knowledge of internal discussions.
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Access Privileges
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While journalists do not have a constitutional right of access to government buildings like the Pentagon and the White House, case law has clarified that once the access has been granted, it cannot be withdrawn arbitrarily or without due process.
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Press Badges
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These red-and-white items (see p. 17 of this document) will make for easy identification of journalists in the building. The outgoing badges were run-of-the-mill affairs with a subdued “PRESS” on the bottom edge.
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Escort Procedures
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Summoning an escort to accompany a journalist to an interview or other engagement requires significant effort, with one correspondent calling it a “big ask.”
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A Clarification
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Language in a draft of the new rules was widely interpreted as saying the department was requiring news organizations to seek preapproval from defense officials for their stories. This section, among others, eliminates the ambiguity.
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Asking Questions
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These lines present a particularly troubling set of problems for Pentagon correspondents and their news organizations, because they target the language of journalistic inquiry. Reporters ask for information all the time, and in many different ways. What is the difference, for example, between what the new policy calls “solicitation” and a journalist asking, “What’s going on in the secretary’s office?”
Tim Parlatore, a special adviser to Mr. Hegseth, said that the stricture applies only when the journalist “crosses the line” to asking defense officials “to violate these criminal statutes.”
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Agree to Disagree
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This acknowledgement was a subject of negotiation between media lawyers and the Pentagon. A previous draft of the new rules would have required journalists to initial a dozen specific points, whereas the revised version, here, presents a global sign-off including a nod to industry misgivings about the restrictions.
