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

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Case Summary

This case challenges a Department of Defense policy governing journalists’ access to the Pentagon that conditions press credentials on compliance with vague and discretionary restrictions on lawful newsgathering, raising First and Fifth Amendment concerns. On December 4, 2025, The New York Times Company and its national security reporter Julian E. Barnes filed this lawsuit in the U.S. District Court for the District of Columbia against the Department of Defense, Secretary of Defense Pete Hegset…

On December 4, 2025, The New York Times Company and its national security reporter Julian E. Barnes filed this lawsuit in the U.S. District Court for the District of Columbia against the Department of Defense, Secretary of Defense Pete Hegseth, and Pentagon Chief Spokesman Sean Parnell, all sued in their official capacities. Plaintiffs alleged that the Department’s revised Pentagon Facility Alternate Credential (PFAC) policy vested Pentagon officials with unbridled discretion to suspend or revoke journalists’ credentials based on protected speech and newsgathering, in violation of the First Amendment and the Due Process Clause of the Fifth Amendment, and constituted unlawful agency action under the Administrative Procedure Act. Represented by private counsel, plaintiffs sought declaratory relief, preliminary and permanent injunctive relief, vacatur of the challenged policy provisions, reinstatement of their PFACs, and attorneys’ fees and costs, but did not seek money damages. The case was assigned to Judge Paul L. Friedman.

On January 5, 2026, plaintiffs moved for summary judgment, arguing that the PFAC policy was unconstitutional on its face and as applied, impermissibly content- and viewpoint-based, and arbitrary and capricious under the APA. Plaintiffs contended that the policy failed to provide fair notice, authorized arbitrary enforcement, and unlawfully restricted access to a nonpublic forum by conditioning Pentagon access on compliance with standardless and discretionary criteria. As of January 13, 2026, the motion for summary judgment remained pending.

This case is ongoing.

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Summary Authors

Michael Vandergriff (1/13/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71992017/parties/new-york-times-company-v-department-of-defense/

Judge(s)

Friedman, Paul L. (District of Columbia)

Attorney for Plaintiff

Boutrous, Theodore J. (District of Columbia)

Crain, Lee Ross (District of Columbia)

Townsend, KatieLynn Boyd (District of Columbia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Attorney for Plaintiff

Boutrous, Theodore J. (District of Columbia)

Crain, Lee Ross (District of Columbia)

Townsend, KatieLynn Boyd (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-04218	Complaint for Declaratory and Injunctive Relief	Dec. 4, 2025	Dec. 4, 2025 Complaint
10 1:25-cv-04218	Plaintiffs' Motion for Summary Judgment and Declaratory and Permanent Injunctive Relief	Jan. 5, 2026	Jan. 5, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71992017/new-york-times-company-v-department-of-defense/

Last updated Jan. 14, 2026, 2:11 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL ( Filing fee $ 405 receipt number ADCDC-12113704) filed by THE NEW YORK TIMES COMPANY, JULIAN E. BARNES. (Attachments: # 1 Exhibit A - Oct. 6, 2025 Policy, # 2 Exhibit B - RCFP Letter to Parnell, # 3 Exhibit C - Parnell Letter to RCFP, # 4 Exhibit D - Redlined Acknowledgment, # 5 Exhibit E - Sept. 18, 2025 Policy, # 6 Exhibit F - Updated Physical Control Measures, # 7 Civil Cover Sheet, # 8 Summons - Attorney General Pamela J. Bondi, # 9 Summons - Department of Defense a/k/a Department of War, # 10 Summons - Pete Hegseth, in his official capacity as Secretary of Defense, # 11 Summons - Sean Parnell, in his official capacity as Chief Pentagon Spokesman, # 12 Summons - Jeanine F. Pirro, U.S. Attorney for the District of Columbia)(Boutrous, Theodore) (Entered: 12/04/2025) 1 Exhibit A - Oct. 6, 2025 Policy View on RECAP 2 Exhibit B - RCFP Letter to Parnell View on RECAP 3 Exhibit C - Parnell Letter to RCFP View on RECAP 4 Exhibit D - Redlined Acknowledgment View on RECAP 5 Exhibit E - Sept. 18, 2025 Policy View on RECAP 6 Exhibit F - Updated Physical Control Measures View on RECAP 7 Civil Cover Sheet View on RECAP 8 Summons - Attorney General Pamela J. Bondi View on RECAP 9 Summons - Department of Defense a/k/a Department of War View on RECAP 10 Summons - Pete Hegseth, in his official capacity as Secretary of Defense View on RECAP 11 Summons - Sean Parnell, in his official capacity as Chief Pentagon Spokesman View on RECAP 12 Summons - Jeanine F. Pirro, U.S. Attorney for the District of Columbia View on RECAP	Dec. 4, 2025	Dec. 4, 2025 Clearinghouse
2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE NEW YORK TIMES COMPANY (Boutrous, Theodore) (Entered: 12/04/2025)	Dec. 4, 2025	Dec. 4, 2025 RECAP
3	NOTICE of Appearance by Lee Ross Crain on behalf of JULIAN E. BARNES, THE NEW YORK TIMES COMPANY (Crain, Lee) (Entered: 12/04/2025)	Dec. 4, 2025	Dec. 4, 2025 RECAP
4	NOTICE of Appearance by KatieLynn Boyd Townsend on behalf of JULIAN E. BARNES, THE NEW YORK TIMES COMPANY (Townsend, KatieLynn) (Entered: 12/04/2025)	Dec. 4, 2025	Dec. 4, 2025 RECAP
5	SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 12/04/2025) 1 Notice and Consent View on RECAP	Dec. 4, 2025	Dec. 4, 2025 RECAP
6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan M. Pelletier, Filing fee $ 100, receipt number ADCDC-12115912. Fee Status: Fee Paid. by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Declaration of Susan M. Pelletier in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit B - District of Columbia Certificate of Good Standing, # 3 Text of Proposed Order for Admission Pro Hac Vice of Susan M. Pelletier)(Boutrous, Theodore) (Entered: 12/04/2025)	Dec. 4, 2025	Dec. 4, 2025
	Case Assigned/Reassigned	Dec. 4, 2025	Dec. 4, 2025
	Case Assigned to Judge Paul L. Friedman. (zhcn)	Dec. 4, 2025	Dec. 4, 2025
7	NOTICE of Appearance by Michael Benjamin Bruns on behalf of All Defendants (Bruns, Michael) (Entered: 12/05/2025)	Dec. 5, 2025	Dec. 5, 2025
	Order on Motion for Leave to Appear Pro Hac Vice	Dec. 5, 2025	Dec. 5, 2025
	MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Paul L. Friedman on December 5, 2025. (lcao)	Dec. 5, 2025	Dec. 5, 2025
8	Joint MOTION for Briefing Schedule / JOINT MOTION FOR ENTRY OF A BRIEFING SCHEDULE FOR EXPEDITED SUMMARY JUDGMENT AND OTHER RELATED RELIEF by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Boutrous, Theodore) (Entered: 12/17/2025)	Dec. 17, 2025	Dec. 17, 2025 RECAP
9	NOTICE of Production of Administrative Record by DEPARTMENT OF DEFENSE, PETE HEGSETH, SEAN PARNELL (Attachments: # 1 Affidavit certifying AR, # 2 Exhibit AR Index)(Bruns, Michael) (Entered: 12/23/2025) 1 Affidavit certifying AR View on RECAP 2 Exhibit AR Index View on RECAP	Dec. 23, 2025	Dec. 23, 2025 RECAP
	.Order	Dec. 23, 2025	Dec. 23, 2025
	MINUTE ORDER granting the parties' 8 Joint Motion for Entry of a Briefing Schedule. Defendants shall serve the administrative record on plaintiffs on or before December 23, 2025. Plaintiffs shall file their motion for summary judgment on or before January 5, 2026. Plaintiff-side amicus briefs, if any, shall be filed on or before January 15, 2026. Defendants shall file their response and cross-motion for summary judgment on or before January 30, 2026. Defendant-side amicus briefs, if any, shall be filed on or before February 10, 2026. Plaintiffs shall file their response and reply on or before February 18, 2026. Defendants shall file their reply on or before February 27, 2026. Defendants' deadline to answer the complaint shall be extended until 21 days after the Court rules on the parties' cross-motions for summary judgment. The Court dispenses with the requirement that the parties appear for a Rule 26(f) conference. Signed by Judge Paul L. Friedman on December 23, 2025. (lcao)	Dec. 23, 2025	Dec. 23, 2025
	MINUTE ORDER: it is hereby ORDERED that the parties shall appear for oral argument on their cross-motions for summary judgment at 10:00 a.m. on Friday, March 6, 2026, in Courtroom 29 in the William B. Bryant Annex to the E. Barrett Prettyman Courthouse at 333 Constitution Avenue N.W., Washington, D.C. 20001. SO ORDERED. Signed by Judge Paul L. Friedman on December 23, 2025. (lcao)	Dec. 23, 2025	Dec. 23, 2025
	Set/Reset Deadlines/Hearings	Dec. 29, 2025	Dec. 29, 2025
	Set/Reset Deadlines/Hearings: Amicus Brief due by 1/15/2026. Summary Judgment motions due by 1/5/2026. Response to Motion for Summary Judgment due by 1/30/2026. Reply to Motion for Summary Judgment due by 2/18/2026. Cross Motions due by 1/30/2026. Response to Cross Motions due by 2/18/2026. Reply to Cross Motions due by 2/27/2026. Motion Hearing set for 3/6/2026 at 10:00 AM in Courtroom 29A- In Person before Judge Paul L. Friedman. (tj)	Dec. 29, 2025	Dec. 29, 2025
10	MOTION for Summary Judgment and Declaratory and Permanent Injunctive Relief by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Julian E. Barnes, # 4 Declaration of Robert Burns, # 5 Declaration of Richard W. Stevenson, # 6 Declaration of Pete Williams, # 7 Exhibit A, # 8 Declaration of Theodore J.Boutrous, Jr., # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11, # 20 Exhibit 12, # 21 Exhibit 13, # 22 Exhibit 14, # 23 Exhibit 15, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, # 28 Exhibit 20, # 29 Exhibit 21, # 30 Exhibit 22, # 31 Exhibit 23, # 32 Exhibit 24, # 33 Exhibit 25, # 34 Exhibit 26, # 35 Exhibit 27, # 36 Statement of Facts)(Boutrous, Theodore) Modified on 1/7/2026, sealed exhibit pursuant to Theodore Boutrous (mg). (Entered: 01/05/2026) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on RECAP 3 Declaration of Julian E. Barnes View on RECAP 4 Declaration of Robert Burns View on RECAP 5 Declaration of Richard W. Stevenson View on RECAP 6 Declaration of Pete Williams View on RECAP 7 Exhibit A View on RECAP 8 Declaration of Theodore J.Boutrous, Jr. View on RECAP 9 Exhibit 1 View on RECAP 10 Exhibit 2 View on RECAP 11 Exhibit 3 View on RECAP 12 Exhibit 4 View on RECAP 13 Exhibit 5 View on RECAP 14 Exhibit 6 View on RECAP 15 Exhibit 7 View on RECAP 16 Exhibit 8 View on RECAP 17 Exhibit 9 View on RECAP 18 Exhibit 10 View on RECAP 19 Exhibit 11 View on RECAP 20 Exhibit 12 View on RECAP 21 Exhibit 13 View on RECAP 22 Exhibit 14 View on RECAP 23 Exhibit 15 View on RECAP 24 Exhibit 16 View on RECAP 25 Exhibit 17 View on RECAP 26 Exhibit 18 View on RECAP 27 Exhibit 19 View on RECAP 28 Exhibit 20 View on RECAP 29 Exhibit 21 View on RECAP 30 Exhibit 22 View on RECAP 31 Exhibit 23 View on RECAP 32 Exhibit 24 View on RECAP 33 Exhibit 25 View on RECAP 34 Exhibit 26 View on RECAP 35 Exhibit 27 View on RECAP 36 Statement of Facts View on RECAP	Jan. 5, 2026	Jan. 5, 2026 Clearinghouse
11	NOTICE of Appearance by Susan Pelletier on behalf of JULIAN E. BARNES, NEW YORK TIMES COMPANY (Pelletier, Susan) (Entered: 01/06/2026)	Jan. 6, 2026	Jan. 6, 2026 RECAP
12	DECLARATION of Pete Williams in Support of Motion for Summary Judgment and Declaratory and Permanent Injunctive Relief by JULIAN E. BARNES, NEW YORK TIMES COMPANY re 10 MOTION for Summary Judgment and Declaratory and Permanent Injunctive Relief. (Attachments: # 1 Exhibit A [Redacted])(Boutrous, Theodore) (Entered: 01/07/2026) 1 Exhibit A [Redacted] View on RECAP	Jan. 7, 2026	Jan. 7, 2026 RECAP