A divided federal appeals court ruled Thursday that the Pentagon may continue enforcing a policy requiring journalists to be escorted while on Defense Department grounds, rejecting a First Amendment challenge brought by The New York Times and reporter Julian Barnes.
The U.S. Court of Appeals for the District of Columbia Circuit voted 2-1 to uphold the escort requirement, overturning a lower court order that had blocked the rule during litigation. Judges Karen Henderson and Patricia Millett found the government likely to succeed in arguing the policy does not constitute unlawful retaliation.
In dissent, Judge Bradley Garcia wrote that a "retaliatory government policy should not be immunized simply because it is broadly and evenly applied." Defense Department spokesperson Sean Parnell called the escort rule a "common-sense security measure" designed to protect classified information. A New York Times spokesperson expressed disappointment but welcomed the expedited proceedings. The policy was adopted after a federal judge invalidated earlier press access rules in March.