Appeals Court Temporarily Allows Pentagon to Require Escorts for Reporters

The appeals court’s panel said the Department of War has shown that it is likely to succeed on the merits of its case.

The Pentagon is seen from a flight taking off from Ronald Reagan Washington National Airport in Arlington, Va., on Nov. 29, 2022. Alex Wong/Getty Images/TNS

A U.S. appeals court on April 27 temporarily allowed the Department of War to require reporters entering Pentagon grounds to be escorted while the government appeals a lower court ruling.

In a 2–1 decision, a three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit stayed an April 9 order issued by U.S. District Judge Paul Friedman, which found the department’s revised press access policy violated his previous order by mandating escorts for reporters entering the Pentagon.

The panel said the department has shown that it is likely to succeed on the merits of its case. According to the ruling, the department argued that allowing journalists to enter the Pentagon unescorted could increase the risk of sensitive information being disseminated.

“The Department has thus supported its claim that this aspect of its policy furthers important national security interests,” the ruling stated.

In dissent, Circuit Judge Michelle Childs said the Department of War had not made a strong showing that the district court “erred in interpreting in its own injunction.” Childs said the restrictions would make it harder for reporters to cover the U.S. military from Pentagon grounds.

“Reporters can hardly verify sources, gather information, or speak candidly with Department personnel with an escort looming over their shoulders,” the judge stated.

“Given the district court’s factual findings and the law it applied, the purpose of the injunction was clear: The Department had to give PFAC [Pentagon Facilities Alternate Credential] holders unescorted access. That was the status quo through decades and wars—including after the ‘terrorist attack on September 11, 2001,’” Childs added.

Pentagon spokesman Sean Parnell welcomed the appeals court’s decision and emphasized that journalists continue to hold valid press credentials and access to Pentagon briefings, press conferences, and interviews.

“Despite what many in the media have told you, the Department’s policy has never been about limiting journalism—it is about safeguarding classified information that protects American lives,” Parnell said on X.

The New York Times challenged the Pentagon’s rules in December 2025, arguing that its press access policy violated the U.S. Constitution’s First Amendment by restricting journalists’ ability to “ask questions of government employees and gather information to report stories that take the public beyond official pronouncements.” Friedman subsequently blocked the rules and ordered the Pentagon to reinstate the credentials of New York Times reporters.

The department revised its policy in March following Friedman’s order. Under the revised policy, the Pentagon said reporters would continue to have access to scheduled press briefings, press conferences, and interviews, but must be escorted by authorized personnel.

The department has said the changes were made after determining that “unescorted access to the Pentagon cannot be responsibly maintained without the ability to screen credential holders for security risks.”