Attorney General James Defends Independent Press Coverage of the Military

January 15, 2026

NEW YORK - New York Attorney General Letitia James today took action to defend the freedom of the press and the First Amendment, filing an amicus brief to support a lawsuit brought by the New York Times against the Department of Defense's (DOD) new policies that effectively bar independent journalists from accessing the Pentagon. In the fall of 2025, DOD imposed new conditions on press access in the Pentagon, requiring journalists to agree to new rules severely limiting their abilities to do the essential responsibilities of their jobs, including asking questions of sources and publishing new information. Nearly all news organizations with press access to the Pentagon refused to agree to the new rules and instead turned in their press credentials. In December 2025, the New York Times sued DOD, arguing the new rules violate the First Amendment. In an amicus brief filed in the U.S. District Court for the District of Columbia, Attorney General James urges the court to grant the New York Times' motion for summary judgment, halting the enforcement of DOD's new restrictions.

"The freedom of the press is critically important to our Constitution and our democracy," said Attorney General James. "All Americans, especially families of active duty troops, deserve clear and unbiased information about the military decisions that impact our servicemembers. The administration's attack on the independence of the press is a clear violation of our Constitution, and I hope the court acts swiftly to protect the First Amendment and strike down this new policy."

The DOD's new press rules allow Pentagon officials to deny or revoke a reporter's press credentials if they receive, solicit, or publish any "unauthorized" information - regardless of whether the information is classified. The rules also limit how reporters can speak with sources and accept tips from the public, and even suggest that reporters should consult with DOD before publishing certain information. After DOD issued these rules, dozens of press outlets - from national outlets like Fox News, CBS, CNN, and Newsmax to specialty outlets covering the military - refused to sign an acknowledgment of the new policy, ending their access to the Pentagon.

As Attorney General James asserts, DOD's new policy has locked out the most experienced and principled journalists from the Pentagon, depriving military families and the general public of critical information concerning DOD actions. Without a reliable and independent press corps covering the Pentagon, Americans have few ways to find out how military decisions, including those that may put themselves and their families at risk, are being made.

Attorney General James also argues that DOD's new policy violates fundamental notions of press freedom. Both the U.S. Constitution and New York state constitution explicitly guarantee the freedom of the press. This freedom extends to critical journalistic activities like questioning sources and gathering new information. Press freedom is essential to American democracy, providing important information on government activities that help prevent abuses of power and allow voters to make informed decisions and hold leaders accountable. Attorney General James argues that DOD's new press policy undermines this constitutionally protected role of the press and urges the court to grant the New York Times' motion for summary judgment to halt the implementation of DOD's policy.