Overview
- A three-judge D.C. Circuit panel stayed a lower court injunction on Thursday, with a 2-1 vote saying the government is likely to succeed in arguing the escort rule is a neutral security measure rather than unlawful retaliation.
- The panel’s majority concluded the policy is generally applicable and evenly enforced, while Judge Bradley Garcia dissented and warned that evenhanded rules can still chill reporters’ speech.
- The rule, issued under Defense Secretary Pete Hegseth, requires government escorts for journalists on Pentagon grounds and stems from broader credential limits that let the department revoke passes it deems security risks.
- The decision has immediate effects: nearly all outlets in the Pentagon Press Association refused the new acknowledgment and many reporters surrendered passes, limiting spontaneous access and informal source contact inside the building.
- The appeals court set the case for expedited argument and the Times says it will continue to press its First Amendment claims, so the constitutional question will be decided on a fast appellate schedule.