Pentagon Journalist Escort Requirement Upheld Pending D.C. Circuit Appeal

A federal appeals court has allowed the Pentagon's requirement that credentialed journalists be escorted at all times on Pentagon grounds to remain in effect pending a full appeal. The decision, from the D.C. Circuit, stayed a lower court injunction that had blocked the policy. The majority opinion, by Judges Henderson and Millett, found the government likely to succeed on its argument that the generally applicable escort rule does not constitute First Amendment retaliation, noting the policy is applied evenhandedly and plaintiffs did not show distinctive harm. Judge Garcia dissented, arguing the district court correctly found the policy was retaliatory, citing hostile statements by Pentagon officials toward legacy media and the policy's practical burden on reporting. The case, brought by The New York Times and reporter Julian Barnes, will be heard on an expedited basis.