A U.S. District Court granted summary judgment to The New York Times, ruling the Pentagon's press credentialing policy violates the First and Fifth Amendments. The court found the policy gave officials unconstitutional discretion to deny credentials based on a reporter's work.

The judge vacated the unconstitutional provisions and ordered the immediate reinstatement of credentials for the newspaper's reporters.

The New York Times filed a new motion asserting the Department of Defense is defying the federal court order. The motion claims the Pentagon's decision to move press to a separate annex fails to comply with the ruling.