Story perspectives

D.C. Circuit Reinstates Pentagon Journalist Escort Rule

7/18/2026

Summary

Story summary

D.C. Circuit Court of Appeals reversed a June order, letting the Pentagon’s journalist-escort rule take effect.
A three-judge panel voted 2-1 to enforce escorts for all reporters on Pentagon grounds.
The New York Times and reporter Julian Barnes argue the rule breaches the First Amendment and have appealed.
Judges Karen Henderson and Patricia Millett said the policy is neutral and evenly applied, with Judge Bradley Garcia dissenting that it could chill speech.

History

Historical Context

In 1971 the Supreme Court issued a 6-3 ruling in New York Times Co. v. United States, rejecting Nixon’s attempt to block the Pentagon Papers and holding that prior restraint violates the First Amendment. The D.C. Circuit’s recent reversal of a June order requiring journalists to be escorted onto the Pentagon revives that same press-government conflict.

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Story summary

D.C. Circuit Court of Appeals reversed a June order, letting the Pentagon’s journalist-escort rule take effect.
A three-judge panel voted 2-1 to enforce escorts for all reporters on Pentagon grounds.
The New York Times and reporter Julian Barnes argue the rule breaches the First Amendment and have appealed.
Judges Karen Henderson and Patricia Millett said the policy is neutral and evenly applied, with Judge Bradley Garcia dissenting that it could chill speech.

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