NEFAC Joins National Effort to Oppose Pentagon Media Access Policy

JAN. 15 BRIEF

The New England First Amendment Coalition and nearly two dozen media organizations are arguing against the Pentagon’s new press access policy, saying it threatens to leave the public uninformed about critical matters of national defense and foreign policy.

In a Jan. 15 amicus brief — drafted by the Reporters Committee for Freedom of the Press — NEFAC and fellow amici urged the federal district court in Washington, D.C., to reject the Pentagon’s new rules which went into effect in October.

The rules are being challenged in a case brought by The New York Times which alleges that they afford government officials “unbridled discretion” to deny, suspend, or revoke a journalist’s press pass for engaging in lawful newsgathering, including asking sources questions.

“The Pentagon’s new policy is incompatible with the role of journalists in our democracy to seek information and ask questions, including in the domain of national defense and foreign affairs,” amici wrote. “Without vigorous and responsible journalism, and the give and take between reporters and Pentagon personnel, the public is left in the dark about matters of life and death that go to the heart of Americans’ right to know.”

Amici argue that the freedom to ask questions of military officials has led to a vast amount of essential reporting in the public interest, including breaking news stories about the Sept. 11 attacks, the 2003 fall of Baghdad, and last year’s U.S. strikes on Iranian nuclear facilities. The brief also explains that journalists cannot agree to a policy that affords the Pentagon standardless discretion to punish reporters for asking questions.

“The freedom to ask questions of public officials,” they wrote, “is fundamental to the work of journalism.”

NEFAC is the region’s leading advocate for First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s work and read its recent advocacy.


NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.

Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.

NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, and Truro News.

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