1. United States
  2. Va.
  3. Letter

Congress Must Defend the First Amendment at the Pentagon

To: Sen. Kaine, Sen. Warner

From: A constituent in Charlottesville, VA

September 23, 2025

I’m writing as a constituent who is deeply concerned about the Department of Defense’s new restrictions on journalists at the Pentagon. Under this policy, members of the press may be required to sign pledges not to gather or use information that has not been formally authorized for release—even when it is unclassified—and are now confined to limited areas under escort. This looks like a form of prior restraint that burdens the First Amendment’s guarantee of a free press. The public has a right to know what its government is doing with taxpayer dollars, and the Pentagon has long permitted journalists to move freely through its halls for exactly that reason. Congress has both the authority and the obligation to act when an executive agency adopts a policy that threatens constitutional rights. In particular, you and your colleagues can: Hold public hearings and demand testimony from Department of Defense officials about how and why this policy was created. Use the appropriations and National Defense Authorization Act process to bar the use of funds for policies that restrict press access to unclassified information or areas. Request investigations by the Department of Defense Inspector General or the Government Accountability Office. Support or file amicus briefs in litigation challenging the policy as a violation of the First Amendment. Consider statutory protections that make clear journalists’ rights on federal property short of classified spaces. These steps would not only safeguard press freedom but also reaffirm Congress’s constitutional role in overseeing the executive branch and protecting the public’s right to know. Thank you for your service and for taking steps to defend the First Amendment.

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