The New York Times announced on December 4th that it was suing the U.S. Department of Defense, Defense Secretary Pete Hegseth, and Sean Parnell, the Assistant to the Secretary of Defense for Public Affairs, over new policies for journalists that the Pentagon enacted in early October.

The lawsuit claims that the Department of Defense violated the First and Fifth Amendments with its rules, which make it so that the Pentagon can take away a reporter’s press pass if they report news not first pre-approved by the Pentagon. The suit describes how, in previous cases, the District Court of Washington, D.C. has established that a press pass cannot be taken away without due process under the Fifth Amendment. It also discusses how the policy of pre-approving coverage is in violation of the First Amendment.

Additionally, the lawsuit details how the rules make it possible to take away the press passes of individuals who are deemed a “security risk” to the Department of Defense, its workers or its property. The suit portrays this as a dangerous way for “unfettered” Pentagon officials to revoke passes of journalists who report on, or ask for, “unauthorized” information regardless of its classification.

Another complaint in the suit is that the supposed solicitation of Defense Department personnel for information could lead to the removal of a press pass. The policies outline how, if journalists are “actively soliciting or encouraging government employees to break the law” by simply asking for information, said journalists may have their press pass revoked.

The Times also mentions how a post on social media which “directly targets [Department of Defense] personnel to disclose non-public information without proper authorization” could lead to the removal of a press pass.

The department is arguing that they are not mandating pre-approved articles that must be reviewed, but repeatedly has emphasized how alleged violations of “national security” will lead to the revocation of Pentagon access.