Washington — On Thursday, July 17th, 2026, a divided federal appeals court for the District of Columbia Circuit upheld the Pentagon's policy requiring journalists to be escorted while on its premises. The court reversed a lower court decision that had blocked the escort policy, ruling 2-1 in favor of the Trump administration.

Judges Karen Henderson and Patricia Millett stated that the Defense Department is likely to succeed in its argument that the escort requirement does not amount to unlawful retaliation under the First Amendment. They noted that the New York Times and reporter Julian Barnes, who challenged the policy, did not argue that the escort rule was not generally applicable or evenly enforced across all reporters, nor that it uniquely impaired their reporting abilities.

Judge Bradley Garcia dissented, expressing concern that a broadly applied government policy could still be retaliatory. He wrote, "If threatening to impose a requirement like the escort requirement on one journalist would (as the district court found) sufficiently chill his speech, it makes little sense to suggest that effect evaporates if the government threatens to impose the same requirement on all reporters."

Following a federal judge's invalidation of some rules in March 2026, the Pentagon revised its policy by relocating press workspace outside the building and mandating that journalists be escorted on Pentagon grounds by authorized personnel.

A spokesperson for the New York Times said, "While The Times is disappointed with this interim decision, we appreciate that the court has expedited the appeal and look forward to litigating it on the merits."

Sources