Why news organizations are rejecting the Pentagon’s new press rules

Geoff Bennett:

Today marks the deadline for journalists to decide whether to comply with the Defense Department's new rules, a requirement for keeping the credentials that allow them to access the Pentagon. The Pentagon's chief spokesperson has described the new policy as common sense, but virtually every news organization, to include PBS News, has refused to sign it, arguing that it infringes on First Amendment protections.

Pete Hegseth, U.S. Defense Secretary:

Where there was a historic outcome. I want to start with that real quick.

Geoff Bennett:

For decades, reporters have held building passes that let them freely enter the Pentagon to attend press briefings, meet with officials and talk with sources as they report on the Defense Department.

But now, in order to keep those credentials, the Trump administration is requiring journalists to comply with a policy that says reporters cannot solicit or obtain any information the Defense Department does not explicitly authorize. Doing so, the Pentagon says, would be a criminal act and would not be considered protected activity under the First Amendment.

It follows Sean Parnell, the Defense Department's chief spokesperson, posting on social media: "Despite many statements to the contrary, journalists are not required to clear stories with us. They retain robust access to our public affairs offices, the Briefing Room and the ability to ask questions, which we continue to answer thoroughly.

"The only change is an overdue update to our credentialing process, which hasn't been revised in years, if not decades, to align with modern security standards. Access to the Pentagon is a privilege, not a right."

Today, at the White House, the defense secretary defended the new policy.

Pete Hegseth:

It used to be, Mr. President, the press could go anywhere, pretty much anywhere in the Pentagon, the most classified area in the world, or also that, if they sign on to the credentialing, they're not going to try to get soldiers to break the law by giving classified information. So it's commonsense stuff.

Geoff Bennett:

For more on this, we turn now to Nancy Youssef, a staff writer at "The Atlantic" who covers national security issues. And David Schulz is director of the Media Freedom and Information Access Clinic at Yale University, and he advised the Pentagon Press Association on how to handle the Defense Department's new rules.

Thank you both for being here.

David, we will start with you.

You heard the defense secretary say this is a commonsense update, they're just modernizing the rules. You argue that this policy criminalizes routine reporting. So what exactly in the language makes it so objectionable?

David Schulz, Media Freedom and Information Access Clinic Director, Yale Law School: Yes, I would say there's two things that are really quite objectionable.

One is, as was mentioned just now, that it says that it's improper to solicit information if it has not been approved for release. But what the Pentagon calls illegal solicitation, we would call news gathering. And more important than the label, soliciting information is an activity protected by the First Amendment.

And, beyond that, the Pentagon is requiring reporters for the first time to affirm in writing that they understand that national security is harmed by disclosing information the Pentagon has not approved for release, even if that information is unclassified.We know that is not true. Even information that's classified can often be disclosed without harm, and the public interest sometimes compels its disclosure.

Affirming up front that harm can occur from reporting information if it's not officially approved is anathema to a free market, a free democracy. And it's information that could be used against a reporter in future litigation.

Indeed, the place where reporters are being asked to sign has a large privacy notice across the top of it, making clear that the document can be used by the Pentagon in court. So I would say the obvious intent here is to intimidate and chill reporting on anything that's not officially disclosed.

Geoff Bennett:

And, Nancy, why is it so important for reporters to have in access — in-person access to the Pentagon, to actually walk the halls and talk to people?

Nancy Youssef, "The Atlantic": Well, remember, this is an organization that uses nearly a trillion dollars of taxpayer money, employs three million people.

And so being able to get as much information to the public as possible about what is happening in that building, the decisions that are being made about consequential national security decisions is critical to our reporting. It allows us to bring the kind of nuance and detail to make for the most accurate reporting on issues as important as when the nation goes to war.

Geoff Bennett:

And we should say that reporters don't have access to classified areas at the Pentagon. What safeguards already exist to prevent journalists from accidentally accessing or publishing classified or sensitive material?

Nancy Youssef:

So, first of all, we wear badges every day. And not only do we wear badges. They identify us as press. We swipe in and out of the building, so they can see when we're there. And you have to go through a background check to get that pass.

Secondly, the Pentagon is a big office building with lots and lots of offices that are secured. And so there's not classified information sort of haphazardly thrown around. It's put in secure rooms and rooms that we don't have access to.

And I would note that the Pentagon has not identified some security breach involving reporters that shows that there has been a violation of these rules. And so I think what you have seen is a press that has been allowed to talk to officials, understand decisions that are being made, and handle information, as we are trusted to do by the public and in a responsible way.

Geoff Bennett:

So, based on your reporting, what is driving this policy? Why is the Pentagon doing this now, when no other federal agency has anything like this in place?

Nancy Youssef:

Well, since Secretary Hegseth arrived at the building, he has been aggressively going after access for journalists, within weeks, required some news agencies to vacate their desk and vacate their news booths.

He has indicated that, when he doesn't like coverage, that there should be repercussions for it. We have seen a secretary who has only had two press briefings in the 10 months he's been in office. We have had less information than we have ever had before. Even before these rules were put in place, we have seen restrictions on our ability to obtain information.

You mentioned earlier in the show the strikes on boats in Venezuela. Until this day, we don't know what kind of ordnance was used, who's conducting those strikes, whether they're from drones or from ships, or even who's on those boats.

And so, from the beginning, we have seen a secretary that has been quite aggressive in pursuing journalists who write information that goes against what he and his department want released.

Geoff Bennett:

And, David, building on one of Nancy's points, you point to what you see as hypocrisy, that the recent security breaches within the Pentagon have come from within the Defense Department, not from journalists. Tell me more about that.

David Schulz:

Yes. Yes.

I just want to underscore what Nancy just said. There is absolutely no need for this new policy and no justification for requiring reporters to sign these statements. As she said, no other agency does it. They don't do it to the White House. They don't do it at the State Department. And we should be clear. There was no problem that prompted this change.

And I do think it's a bit more — a bit more than hypocritical to suggest that this is commonsense stuff that needs to be taken to protect national security, given that the major leaks of classified information during this administration have come from the top, starting with the casual use of Signal by the secretary himself. It's not reporters that are breaching protocols here.

Geoff Bennett:

So, looking ahead, how will this change the way you and your colleagues report on the Pentagon?

Nancy Youssef:

Well, I should start by saying we will continue to report on the Pentagon and do so aggressively, as we have always done.

I think what will be lost is the opportunity for the American public to see troops. We won't be able to do things like go on ships with sailors. We won't be able to go in Humvees with troops. We won't have that kind of detail that I think has really added nuance to the reporting and to the public's understanding of national security and where we ask America's sons and daughters to deploy and potentially be in harm's way.

Geoff Bennett:

Nancy Youssef, David Schulz, thank you both for your perspectives and insights. We appreciate it.

Nancy Youssef:

Thank you.