NMA joined two amicus briefs this month, led by RCFP, in two separate appeals (Nos. 26-5253, 26-5113) brought by the NYT in NYT v. Dep’t of Defense in the U.S. Court of Appeals for the District of Columbia Circuit. The case involves two policies implemented by the Department of Defense restricting reporters’ access to the Pentagon, and the briefs focus on the second interim policy implemented in March following the district court’s ruling that the initial policy was unconstitutional. The briefs support Plaintiff-Appellee and urge the court to affirm the district court’s grant of Plaintiff’s motions for preliminary injunction and summary judgment, respectively.
The briefs emphasize the importance of unhindered press access to Pentagon personnel for coverage of essential news reporting on the military that is in the public interest. They highlight numerous examples of public interest reporting on the military and national security issues to illustrate the essential reporting that will be lost if the blanket escort policy is upheld. Additionally, amici underscore the burden that the “inducement” prohibition of the interim policy would have on core newsgathering conduct (seeking out information by asking questions).
Read the full briefs here: No. 26-5253; 26-5113.
