Case: The New York Times Company v. Department of Defense

1:25-cv-04218 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 4, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research this case.] On December 4, 2025, plaintiffs The New York Times Company (“NYT”) and one of their reporters brought this action to enjoin provisions of a recently implemented policy of the U.S. Department of Defense (“DOD”) that violates their First and Fifth Amendment rights. On October 6, 2025, the DOD promulgated a new policy pertaining to PFACs—Pentagon Facility Alternate Credentials. PFACs are credentials members of the press receive to access the…

[This summary is temporary while we research this case.]

On December 4, 2025, plaintiffs The New York Times Company (“NYT”) and one of their reporters brought this action to enjoin provisions of a recently implemented policy of the U.S. Department of Defense (“DOD”) that violates their First and Fifth Amendment rights. On October 6, 2025, the DOD promulgated a new policy pertaining to PFACs—Pentagon Facility Alternate Credentials. PFACs are credentials members of the press receive to access the Pentagon. The policy vests DOD officials with unbridled discretion to immediately suspend and ultimately revoke a reporter’s PFAC for engaging in lawful newsgathering, both on and off Pentagon grounds, or for reporting any information DOD officials have not approved. Plaintiffs allege this is exactly the type of speech- and press-restrictive scheme that the Supreme Court and D.C. Circuit have recognized violates the First Amendment.

This case is ongoing.

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