Case: New York Times v. Department of Defense

1:26-cv-01690 | U.S. District Court for the District of District of Columbia

Filed Date: May 18, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges an Interim Policy of the U.S. Department of Defense (DOD) that limited press access, which the New York Times and a national security reporter alleged was designed to retaliate against critical media outlets and suppress independent journalism by imposing arbitrary restrictions on newsgathering at the Pentagon. This lawsuit arose from the following events. On October 6, 2025, the DOD issued a new credentialing policy—the "October Policy"—that allegedly granted officials unb…

This lawsuit arose from the following events. On October 6, 2025, the DOD issued a new credentialing policy—the "October Policy"—that allegedly granted officials unbridled discretion to revoke reporters' Pentagon Facility Alternate Credentials (PFACs) based on lawful newsgathering activities. The New York Times Company and its reporter Julian E. Barnes brought suit in the U.S. District Court for the District of Columbia on December 4, 2025, after the DOD allegedly selectively issued new credentials to pro-Trump media outlets, praising them as "willing to serve" while condemning excluded journalists as "propagandists" (The New York Times Company v. Department of Defense, 1:25-cv-04218). On March 20, 2026, U.S. District Judge Paul L. Friedman granted summary judgment for plaintiffs and ordered reinstatement of their PFACs. One business day later, DOD issued an "Interim Policy" that closed the dedicated press workspace, imposed a requirement that PFAC holders be escorted at all times, and revived restrictions on newsgathering activities. Judge Friedman subsequently found the Interim Policy violated his prior order and enjoined its enforcement. On appeal, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit granted a limited stay permitting the escort requirement to remain in force pending appeal.

While that stay was pending, on May 18, 2026, The New York Times Company ("The Times") and a national security reporter filed this lawsuit in the U.S. District Court for the District of Columbia against the DOD and its officials, and filed a notice of the related case. This case was also assigned to U.S. District Judge Paul L. Friedman. In this lawsuit, plaintiffs contended that the Interim Policy was retaliatory and designed to circumvent the court’s ruling. For decades, journalists like the plaintiff had enjoyed unescorted access to the Pentagon, including the Correspondents’ Corridor, under the Pentagon Facility Alternate Credential (PFAC) program, which facilitated real-time reporting on national security matters. However, the Interim Policy abruptly closed the Corridor, mandated constant escorts for journalists, and imposed vague restrictions on newsgathering, including a rebuttable presumption that offering sources anonymity constituted "intentional inducement of unauthorized disclosure." Plaintiffs alleged these measures were pretextual and targeted The Times and other outlets for unfavorable coverage while replacing them with more sympathetic media organizations. The complaint further asserted that the policy’s provisions were unconstitutionally vague, enabling arbitrary enforcement, and lacked any legitimate security justification, instead serving to suppress independent journalism. In their four-count complaint, plaintiffs argued that the Interim Policy violated the First Amendment by discriminating based on viewpoint, retaliating against protected speech, and imposing unreasonable restrictions on newsgathering in a nonpublic forum. They also claimed the policy violated the Fifth Amendment’s Due Process Clause due to its vagueness and the Administrative Procedure Act (APA) for being arbitrary and capricious. Seeking declaratory and injunctive relief, plaintiffs demanded the policy’s vacatur and reinstatement of their prior access.

On May 22, 2026, plaintiffs moved for a preliminary injunction. On June 30, 2026, the court granted the plaintiffs’ motion, enjoining the defendants from enforcing its escort requirement for journalists at the Pentagon. 2026 WL 1872630. The court found the plaintiffs likely to succeed on their First Amendment retaliation claim, finding the DOD’s policy was motivated by animus. The court also held that the evidence of derogatory statements by DOD officials and restrictions on spontaneous interaction with Pentagon sources was sufficient to deter a person of ordinary firmness from exercising protected speech. As the loss of First Amendment freedoms constituted irreparable harm and public interest favored protecting press freedoms, the court granted the injunction. The plaintiffs were required to post a nominal one-dollar bond.

On July 2, 2026, the defendants filed a notice of appeal to the D.C. Circuit Court (Case No. 26-5253) and a motion for an immediate stay pending appeal of the Court’s preliminary injunction or, in the alternative, a stay to allow for briefing in the D.C. Circuit. The district court granted a fourteen-day administrative stay and otherwise denied the motion.

On July 6, 2026, in the D.C. Circuit, the defendants moved to stay the underlying preliminary injunction order pending appeal once the district court’s administrative stay expired.

On August 11, 2026, in the district court, the parties jointly moved to stay the proceedings pending appeal of the preliminary injunction order, which the court granted that same day. Further, it was ordered that within 14 days of a decision in the D.C. Circuit, the parties file a joint status report proposing a schedule for further proceedings.

Cases in both the district and circuit courts remain ongoing as of August 13, 2026.

Summary Authors

Madeline Dollard (6/30/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73355736/parties/new-york-times-company-v-department-of-defense/

Judge(s)

Attorney for Plaintiff

Attorney, KatieLynn Boyd

Attorney, Theodore J.

Boutrous, Theodore J. (District of Columbia)

Attorney for Defendant

Attorney, Bradley Hinshelwood,

Bruns, Michael Benjamin (District of Columbia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Attorney for Plaintiff

Attorney, KatieLynn Boyd

Attorney, Theodore J.

Boutrous, Theodore J. (District of Columbia)

Townsend, KatieLynn Boyd (District of Columbia)

Attorney for Defendant

Attorney, Bradley Hinshelwood,

Bruns, Michael Benjamin (District of Columbia)

Janda, Sean R.

Powers, James R. (District of Columbia)

Starcher, John

Welch, Sarah (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-01690	Complaint for Declaratory and Injunctive Relief New York Times Company v. Department of Defense	May 18, 2026	May 18, 2026 Complaint
17 1:26-cv-01690	Opinion New York Times Company v. Department of Defense et al.	June 30, 2026	June 30, 2026 Order/Opinion 2026 WL 1872765
20 1:26-cv-01690	Order New York Times Company et al. v. Department of Defense et al.	July 2, 2026	July 2, 2026 Order/Opinion
25 1:26-cv-01690	Order New York Times et al. v. Department of Defense et al.	Aug. 11, 2026	Aug. 11, 2026 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73355736/new-york-times-company-v-department-of-defense/

Last updated Aug. 13, 2026, 8:55 a.m.

Docket for: NEW YORK TIMES COMPANY v. DEPARTMENT OF DEFENSE

ECF Number	Date	Description	Link
1	May 18, 2026	COMPLAINT for Declaratory and Injunctive Relief against DEPARTMENT OF DEFENSE A/K/A DEPARTMENT OF WAR, PETE HEGSETH, TIMOTHY PARLATORE, SEAN PARNELL ( Filing fee $ 405 receipt number ADCDC-12427306) filed by THE NEW YORK TIMES COMPANY, JULIAN E. BARNES. (Attachments: # 1 Exhibit 1 - Interim Policy [37-3], # 2 Exhibit 2 - Revised Policy Email [37-6], # 3 Exhibit 3 - October Policy [1-1], # 4 Exhibit 4 - September 18 Policy [1-5], # 5 Exhibit 5 - Parnell Letter to RCFP [1-3], # 6 Exhibit 5-1 - Redlined Acknowledgment [1-4], # 7 Exhibit 6 - RCFP Letter to Parnell [1-2], # 8 Exhibit 7 - Jason Crow Press Release, # 9 Exhibit 8 - Transcript of DOW Press Briefing, # 10 Exhibit 9 - Pete Hegseth Press Briefing - CSPAN, # 11 Exhibit 10 - Forbed Article re: James O'Keefe Asks About Identifying Anti-Trump DOD Members, # 12 Exhibit 11 - AP News Article re: Questions from new Pentagon press corps, # 13 Exhibit 12 - DOW Rapid Response X Post, # 14 Exhibit 13 - Cam Higby X post re: Press presence in Pentagon, # 15 Exhibit 14 - Wah Post Article re: Pentagon's new 'right-wing' press corps, # 16 Exhibit 15 - NYTimes Article re: Pentagon press corps support of Trump, # 17 Exhibit 16 - Scott Nover X Post re: Laura Loomer's tip request, # 18 Exhibit 17 - Scott Nover X Post re: Laura Loomer's tip request (cont.), # 19 Exhibit 18 - Laura Loomer X post re: Tip requests, # 20 Exhibit 19 - Sean Parnell X Post re: Announcmenets of new press corps., # 21 Exhibit 20 - Wash. Post Article re: Hegseth policy change on communications, # 22 Exhibit 21 - NYTimes Article: Fraidy-Cat at the Pentagon, # 23 Exhibit 22 - CBS News Article re: Declining new press requirements after 60 years, # 24 Exhibit 23 - Wash. Posrt Article re: Hegseth's legal fixer, Tim Parlatore, # 25 Exhibit 24 - Hegseth X Post re: Waving goodbye at reporters' refusal to sign, # 26 Exhibit 25 - NYTimes Article: Inside Hegseth's Effort to Limit Press Access at the Pentagon, # 27 Exhibit 26 - DOD News Article: Pentagon correspondent recalls 9/11, # 28 Exhibit 27 - Fox News Article re: Pentagon angry for report on Hegseth's security, # 29 Exhibit 28 - Joel Valdez X Post re: Safety risk from report on Hegseth's security, # 30 Exhibit 29 - Wash. Post Article re: Hegseth team ordered to stop polygraph tests, # 31 Exhibit 30 - Hegseth Press briefing on Iraon war - PBS, # 32 Exhibit 31 - Politico Article re: Parlatore's conflict-of-interest, # 33 Exhibit 32 - James O'Keefe X Post re: DOD officials criticism of Trump/Hegseth, # 34 Exhibit 33 - Spectrum News Article re: Hegseth blames media for second signal chat, # 35 Exhibit 34 - PBS Article re: Second Signal chat, # 36 Exhibit 35 - Pete Hegseth X Post re: Signal chat war plans, # 37 Exhibit 36 - Sean Parnell X Post re: Urging accountability for the NYTimes' lies, # 38 Exhibit 37 - AP Article: More news outlets lose Pentagon workspaces, # 39 Exhibit 38 - NBC Article re: Pentagon media rotation program, # 40 Exhibit 39 - Updated Physical Control Measures May 2025, # 41 Exhibit 40 - Cam Higby X Post re: Reporters creating a hostile work environment, # 42 Exhibit 41 - Sean Parnell X Post re: New Interim Policy, # 43 Exhibit 42 - Erik Wemple X Post re: Parlatore's press briefing, # 44 Summons, # 45 Summons, # 46 Summons, # 47 Summons, # 48 Summons, # 49 Summons, # 50 Civil Cover Sheet)(Boutrous, Theodore) (Entered: 05/18/2026) 1 Exhibit 1 - Interim Policy [37-3] View on RECAP 2 Exhibit 2 - Revised Policy Email [37-6] View on RECAP 3 Exhibit 3 - October Policy [1-1] View on RECAP 4 Exhibit 4 - September 18 Policy [1-5] View on RECAP 5 Exhibit 5 - Parnell Letter to RCFP [1-3] View on RECAP 6 Exhibit 5-1 - Redlined Acknowledgment [1-4] View on RECAP 7 Exhibit 6 - RCFP Letter to Parnell [1-2] View on RECAP 8 Exhibit 7 - Jason Crow Press Release View on RECAP 9 Exhibit 8 - Transcript of DOW Press Briefing View on RECAP 10 Exhibit 9 - Pete Hegseth Press Briefing - CSPAN View on RECAP 11 Exhibit 10 - Forbed Article re: James O'Keefe Asks About Identifying Anti-T View on RECAP 12 Exhibit 11 - AP News Article re: Questions from new Pentagon press corps View on RECAP 13 Exhibit 12 - DOW Rapid Response X Post View on RECAP 14 Exhibit 13 - Cam Higby X post re: Press presence in Pentagon View on RECAP 15 Exhibit 14 - Wah Post Article re: Pentagon's new 'right-wing' pre View on RECAP 16 Exhibit 15 - NYTimes Article re: Pentagon press corps support of Trump View on RECAP 17 Exhibit 16 - Scott Nover X Post re: Laura Loomer's tip request View on RECAP 18 Exhibit 17 - Scott Nover X Post re: Laura Loomer's tip request (cont.) View on RECAP 19 Exhibit 18 - Laura Loomer X post re: Tip requests View on PACER 20 Exhibit 19 - Sean Parnell X Post re: Announcmenets of new press corps. View on PACER 21 Exhibit 20 - Wash. Post Article re: Hegseth policy change on communications View on PACER 22 Exhibit 21 - NYTimes Article: Fraidy-Cat at the Pentagon View on PACER 23 Exhibit 22 - CBS News Article re: Declining new press requirements after 60 year View on PACER 24 Exhibit 23 - Wash. Posrt Article re: Hegseth's legal fixer, Tim Parlatore View on PACER 25 Exhibit 24 - Hegseth X Post re: Waving goodbye at reporters' refusal to sig View on PACER 26 Exhibit 25 - NYTimes Article: Inside Hegseth's Effort to Limit Press Access View on PACER 27 Exhibit 26 - DOD News Article: Pentagon correspondent recalls 9/11 View on PACER 28 Exhibit 27 - Fox News Article re: Pentagon angry for report on Hegseth's se View on PACER 29 Exhibit 28 - Joel Valdez X Post re: Safety risk from report on Hegseth's se View on PACER 30 Exhibit 29 - Wash. Post Article re: Hegseth team ordered to stop polygraph tests View on PACER 31 Exhibit 30 - Hegseth Press briefing on Iraon war - PBS View on PACER 32 Exhibit 31 - Politico Article re: Parlatore's conflict-of-interest View on PACER 33 Exhibit 32 - James O'Keefe X Post re: DOD officials criticism of Trump/Hegs View on PACER 34 Exhibit 33 - Spectrum News Article re: Hegseth blames media for second signal ch View on PACER 35 Exhibit 34 - PBS Article re: Second Signal chat View on PACER 36 Exhibit 35 - Pete Hegseth X Post re: Signal chat war plans View on PACER 37 Exhibit 36 - Sean Parnell X Post re: Urging accountability for the NYTimes' View on PACER 38 Exhibit 37 - AP Article: More news outlets lose Pentagon workspaces View on PACER 39 Exhibit 38 - NBC Article re: Pentagon media rotation program View on PACER 40 Exhibit 39 - Updated Physical Control Measures May 2025 View on PACER 41 Exhibit 40 - Cam Higby X Post re: Reporters creating a hostile work environment View on PACER 42 Exhibit 41 - Sean Parnell X Post re: New Interim Policy View on PACER 43 Exhibit 42 - Erik Wemple X Post re: Parlatore's press briefing View on PACER 44 Summons View on PACER 45 Summons View on PACER 46 Summons View on PACER 47 Summons View on PACER 48 Summons View on PACER 49 Summons View on PACER 50 Civil Cover Sheet View on PACER	Clearinghouse
2	May 18, 2026	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE NEW YORK TIMES COMPANY (Boutrous, Theodore) (Entered: 05/18/2026)	RECAP
3	May 18, 2026	NOTICE OF RELATED CASE by JULIAN E. BARNES, THE NEW YORK TIMES COMPANY. Case related to Case No. 25-04218. (Boutrous, Theodore) (Entered: 05/18/2026)	Clearinghouse
4	May 18, 2026	NOTICE of Appearance by KatieLynn Boyd Townsend on behalf of JULIAN E. BARNES, THE NEW YORK TIMES COMPANY (Townsend, KatieLynn) (Entered: 05/18/2026)	RECAP
5	May 19, 2026	SUMMONS (6) Issued Electronically as to DEPARTMENT OF DEFENSE, PETE HEGSETH, TIMOTHY PARLATORE, SEAN PARNELL, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zjm) (Entered: 05/19/2026) 1 Notice and Consent View on PACER	RECAP
	May 19, 2026	Case Assigned/Reassigned
	May 19, 2026	Case Assigned to Judge Paul L. Friedman. (zjm)
6	May 22, 2026	MOTION for Preliminary Injunction by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Theodore J. Boutrous, Jr., # 3 Exhibit 1 - News Article, # 4 Exhibit 2 - News Article, # 5 Exhibit 3 - Book Excerpts, # 6 Exhibit 4 - News Article, # 7 Exhibit 5 - News Article, # 8 Exhibit 6 - Court Procedures, # 9 Exhibit 7 - Article, # 10 Exhibit 8 - Article, # 11 Exhibit 9 - Webpage, # 12 Exhibit 10 - Webpage, # 13 Exhibit 11 - News Article, # 14 Exhibit 12 - News Article, # 15 Exhibit 13 - News Article, # 16 Exhibit 14 - News Article, # 17 Declaration of Julian E. Barnes, # 18 Declaration of Robert Burns, # 19 Declaration of Chris Meagher, # 20 Declaration of Pete Williams, # 21 Exhibit - Williams Declaration A - Email, # 22 Text of Proposed Order)(Boutrous, Theodore) (Entered: 05/22/2026) 1 Memorandum in Support View on RECAP 2 Declaration of Theodore J. Boutrous, Jr. View on RECAP 3 Exhibit 1 - News Article View on PACER 4 Exhibit 2 - News Article View on PACER 5 Exhibit 3 - Book Excerpts View on PACER 6 Exhibit 4 - News Article View on PACER 7 Exhibit 5 - News Article View on PACER 8 Exhibit 6 - Court Procedures View on PACER 9 Exhibit 7 - Article View on PACER 10 Exhibit 8 - Article View on PACER 11 Exhibit 9 - Webpage View on PACER 12 Exhibit 10 - Webpage View on PACER 13 Exhibit 11 - News Article View on PACER 14 Exhibit 12 - News Article View on PACER 15 Exhibit 13 - News Article View on PACER 16 Exhibit 14 - News Article View on PACER 17 Declaration of Julian E. Barnes View on RECAP 18 Declaration of Robert Burns View on RECAP 19 Declaration of Chris Meagher View on RECAP 20 Declaration of Pete Williams View on PACER 21 Exhibit - Williams Declaration A - Email View on PACER 22 Text of Proposed Order View on PACER	RECAP
7	May 22, 2026	NOTICE of Appearance by Michael Benjamin Bruns on behalf of All Defendants (Bruns, Michael) (Entered: 05/22/2026)	RECAP
8	May 22, 2026	CERTIFICATE OF SERVICE by JULIAN E. BARNES, NEW YORK TIMES COMPANY . (Boutrous, Theodore) (Entered: 05/22/2026)	RECAP
9	May 22, 2026	Consent MOTION for Briefing Schedule by DEPARTMENT OF DEFENSE, PETE HEGSETH, TIMOTHY PARLATORE, SEAN PARNELL. (Attachments: # 1 Text of Proposed Order)(Bruns, Michael) (Entered: 05/22/2026) 1 Text of Proposed Order View on PACER	RECAP
	May 26, 2026	Order on Motion for Briefing Schedule
	May 26, 2026	MINUTE ORDER granting 9 Consented to Motion for Scheduling Order. Defendants shall file their opposition to plaintiffs' motion for a preliminary injunction on or before June 4, 2026. Plaintiffs shall file their reply on or before June 9, 2026. The parties shall appear for a hearing on plaintiffs' motion for a preliminary injunction at 10:00 a.m. on Friday, June 12, 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. Signed by Judge Paul L. Friedman on May 26, 2026.(lccm)
	May 26, 2026	Set/Reset Deadlines AND Set/Reset Hearings
	May 26, 2026	Set/Reset Deadlines: Opposition due by 6/4/2026 and Replies due by 6/9/2026. Motion Hearing set for 6/12/2026 at 10:00 AM in Courtroom 29A- In Person before Judge Paul L. Friedman. (tj)
	May 26, 2026	Set/Reset Deadlines
10	June 4, 2026	NOTICE of Appearance by Sarah Welch on behalf of All Defendants (Welch, Sarah) (Entered: 06/04/2026)	RECAP
11	June 4, 2026	Memorandum in opposition to re 6 MOTION for Preliminary Injunction filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, TIMOTHY PARLATORE, SEAN PARNELL. (Attachments: # 1 Exhibit 1 (Field Manual), # 2 Exhibit 2 (Valdez Declaration), # 3 Exhibit 3 (Parnell Declaration))(Welch, Sarah) (Entered: 06/04/2026) 1 Exhibit 1 (Field Manual) View on RECAP 2 Exhibit 2 (Valdez Declaration) View on RECAP 3 Exhibit 3 (Parnell Declaration) View on RECAP	RECAP
	June 8, 2026	MINUTE ORDER: The Court will connect the public-access telephone line for the hearing scheduled for Friday, June 12, 2026 at 10 a.m. Any member of the public or media may access the public-access line by dialing (833) 990-9400 and using meeting ID 492497252. As a reminder, any use of the public-access telephone line requires adherence to the general prohibition against recording, livestreaming, and rebroadcasting of court proceedings (including those held by videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. Signed by Judge Paul L. Friedman on June 8, 2026.(lccm)
	June 8, 2026	.Order
12	June 9, 2026	REPLY to opposition to motion re 6 Motion for Preliminary Injunction,,, / Reply Brief in Support of Plaintiffs' Motion for Preliminary Injunction filed by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Attachments: # 1 Declaration (Supplemental) of Theodore J. Boutrous Jr., # 2 Exhibit 1 - Max Frankel Affidavit, # 3 Exhibit 2 - NYTimes Article 1, # 4 Exhibit 3 - WSJ Article, # 5 Exhibit 4 - NYTimes Article 2, # 6 Exhibit 5 - CNN Video, # 7 Exhibit 6 - Washington Post Article, # 8 Declaration (Supplemental) of Julian E. Barnes, # 9 Declaration of Richard W. Stevenson)(Boutrous, Theodore) (Entered: 06/09/2026) 1 Declaration (Supplemental) of Theodore J. Boutrous Jr. View on RECAP 2 Exhibit 1 - Max Frankel Affidavit View on RECAP 3 Exhibit 2 - NYTimes Article 1 View on PACER 4 Exhibit 3 - WSJ Article View on RECAP 5 Exhibit 4 - NYTimes Article 2 View on RECAP 6 Exhibit 5 - CNN Video View on PACER 7 Exhibit 6 - Washington Post Article View on RECAP 8 Declaration (Supplemental) of Julian E. Barnes View on RECAP 9 Declaration of Richard W. Stevenson View on RECAP	RECAP
	June 12, 2026	Minute Entry for Motion Hearing held on 6/12/2026 before Judge Paul L. Friedman: The matter was before the Court on Plaintiffs' Motion 6 for Preliminary Injunction. Theodore J. Boutrous, Jr., Katielynn B. Townsend, Susan Pelletier, and Eric Brooks present on behalf of plaintiffs. Sarah Welch present on behalf of defendants. The motion was briefed, argued, and taken under advisement. Defendants' request to respond to new evidence submitted in plaintiffs' reply brief 12 is GRANTED. Defendants shall file their response on or before Wednesday, June 17, 2026. Plaintiffs shall file a response not to exceed five pages. (Court Reporter: Tammy Nestor)(mhp)
	June 12, 2026	1 - Terminate Motion and R&R Deadlines/Hearings AND 1 - Terminate Scheduling Order Deadlines AND 1 - Terminate Trial Management Order Deadlines AND Motion Hearing
	June 12, 2026	.Order AND ~Util - Set/Reset Deadlines
	June 12, 2026	MINUTE ORDER: Defendants shall file their response to plaintiffs' 12 reply on or before June 17, 2026. Plaintiffs shall file their response of up to five pages on or before June 18, 2026. Signed by Judge Paul L. Friedman on 6/12/2026. (mhp)
	June 12, 2026	Order
13	June 17, 2026	SUPPLEMENTAL MEMORANDUM to re 6 MOTION for Preliminary Injunction filed by DEPARTMENT OF DEFENSE, PETE HEGSETH, TIMOTHY PARLATORE, SEAN PARNELL. (Welch, Sarah) (Entered: 06/17/2026)	RECAP
14	June 18, 2026	SUPPLEMENTAL MEMORANDUM to re 6 MOTION for Preliminary Injunction filed by JULIAN E. BARNES, NEW YORK TIMES COMPANY. (Boutrous, Theodore) (Entered: 06/18/2026)	RECAP
15	June 24, 2026	NOTICE of Appearance by James R. Powers on behalf of All Defendants (Powers, James) (Entered: 06/24/2026)	RECAP
16	June 30, 2026	ORDER granting 6 Plaintiffs' Motion for a Preliminary Injunction. Plaintiffs shall post a bond in the amount of $1.00 on or before July 7, 2026. See Order for details. Signed by Judge Paul L. Friedman on June 30, 2026. (lccm) (Entered: 06/30/2026)	RECAP
17	June 30, 2026	OPINION granting 6 Plaintiffs' Motion for a Preliminary Injunction. See Opinion for details. Signed by Judge Paul L. Friedman on June 30, 2026. (lccm) (Entered: 06/30/2026)	Clearinghouse
	July 1, 2026	Deposit of
	July 1, 2026	DEPOSIT of Bond in the amount of $ 1.00, Receipt Number 212152. (zjm)
18	July 2, 2026	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 16 Order, Memorandum & Opinion, 17 Order, Memorandum & Opinion by TIMOTHY PARLATORE, PETE HEGSETH, DEPARTMENT OF DEFENSE, SEAN PARNELL. Fee Status: No Fee Paid. (Welch, Sarah) (Entered: 07/02/2026)	RECAP
19	July 2, 2026	MOTION to Stay re 16 Order, Memorandum & Opinion, 17 Order, Memorandum & Opinion Pending Appeal by DEPARTMENT OF DEFENSE, PETE HEGSETH, TIMOTHY PARLATORE, SEAN PARNELL. (Welch, Sarah) (Entered: 07/02/2026)	RECAP
20	July 2, 2026	ORDER granting in part and denying in part 19 Defendants' Motion for Stay Pending Appeal. See Order for details. Signed by Judge Paul L. Friedman on July 2, 2026. (lccm) (Entered: 07/02/2026)	Clearinghouse
21	July 2, 2026	Transmission of the Notice of Appeal, Order Appealed (Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 18 Notice of Appeal to DC Circuit Court. (zjm) (Entered: 07/02/2026)	RECAP
	July 6, 2026	USCA Case Number
	July 6, 2026	USCA Case Number 26-5253 for 18 Notice of Appeal to DC Circuit Court filed by DEPARTMENT OF DEFENSE, TIMOTHY PARLATORE, PETE HEGSETH, SEAN PARNELL. (mg)
22	July 14, 2026	NOTICE of Submission of Additional Evidence by JULIAN E. BARNES, NEW YORK TIMES COMPANY (Attachments: # 1 Declaration of David McCraw)(Boutrous, Theodore) (Entered: 07/14/2026) 1 Declaration of David McCraw View on RECAP	RECAP
23	July 15, 2026	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,,,,,,,,,,,,, by DEPARTMENT OF DEFENSE, PETE HEGSETH, TIMOTHY PARLATORE, SEAN PARNELL. (Attachments: # 1 Text of Proposed Order)(Powers, James) (Entered: 07/15/2026) 1 Text of Proposed Order View on PACER	RECAP
	July 16, 2026	.Order
	July 16, 2026	MINUTE ORDER granting 23 Defendants' Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Complaint. Defendants shall answer or otherwise respond to Plaintiffs' 1 Complaint for Declaratory and Injunctive Relief on or before August 11, 2026. Signed by Judge Paul L. Friedman on July 16, 2026. (lccm)
	July 16, 2026	Set/Reset Deadlines
	July 16, 2026	Set/Reset Deadlines: Answer due by 8/11/2026. (tj)
24	Aug. 11, 2026	Joint MOTION to Stay District Court Proceedings Pending Appeal by DEPARTMENT OF DEFENSE, PETE HEGSETH, TIMOTHY PARLATORE, SEAN PARNELL. (Attachments: # 1 Text of Proposed Order)(Powers, James) (Entered: 08/11/2026) 1 Text of Proposed Order View on RECAP	RECAP
25	Aug. 11, 2026	ORDER granting 24 Joint Motion to Stay District Court Proceedings Pending Appeal. See Order for details. Signed by Judge Paul L. Friedman on August 11, 2026. (lccm) (Entered: 08/11/2026)	Clearinghouse

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 18, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The New York Times Company ("The Times") and a national security reporter.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Defense (DOD)

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

District of District of Columbia 1:26-cv-01690

U.S. Court of Appeals for the District of Columbia Circuit 26-05253

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Presidential/Gubernatorial Authority:

Access to information systems

Recommended Citation

Case Summary of New York Times v. Department of Defense, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48263/ (last updated 6/30/2026).

Case: New York Times v. Department of Defense

1:26-cv-01690 | U.S. District Court for the District of District of Columbia

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Docket for: NEW YORK TIMES COMPANY v. DEPARTMENT OF DEFENSE

Case Details