“…Most discussion of the Pentagon’s restrictions has focused on their conditions for reporters to receive press credentials, which the Pentagon says can be revoked if reporters publish “unauthorized” information. That policy is wildly unconstitutional on its own, and every mainstream outlet gave up their press passes rather than sign on, leaving war coverage inside the Pentagon to the likes of Turning Point USA’s Frontlines and MyPillow CEO Mike Lindell’s LindellTV streaming service.
But the Pentagon’s legal filings imply that reporters who don’t follow the rules risk more than their press passes. On March 12, the DOJ filed a brief to clarify its lawyers’ earlier comments in a discussion with Friedman at a hearing of “whether asking a question was a criminal act.” The government argued that although journalists may lawfully ask questions of “authorized” Pentagon personnel, “a journalist does solicit the commission of a criminal act, and that solicitation is not protected by the First Amendment, when he or she solicits … non-public information from individuals who are legally obligated not to disclose that information.”
There you have it. What was once a fringe, failed legal theory concocted by some local cops in one Texas border city is now the official position of the federal government’s lawyers, which it felt compelled to put in writing in case anyone wasn’t sure where it stood after the hearing. Both the rogue cops and the DOJ’s lawyers contend that journalists merely asking questions to government officials constitutes unlawful solicitation…”