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Appeals court: Pentagon may require escorts for reporters

April 28 (UPI) — The Department of Defense may require reporters to be escorted inside the Pentagon, a federal appeals court has ruled, handing the Trump administration a rare win in litigation challenging its press restrictions.

A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit granted the Trump administration’s emergency request for a stay pending appeal, but only concerning its Pentagon escort requirement.

The 2-1 ruling stays part of U.S. District Judge Paul Friedman‘s April 9 order that had found an interim Pentagon policy was in violation of his earlier order that blocked the Department of Defense’s initial policy requiring journalists to sign a form acknowledging that they could have their credentials revoked for gathering unauthorized information.

The Trump administration argued that the escort requirement of the interim policy was a new rule not affected by the initial order and was put in place to prevent the disclosure of sensitive or classified information.

The appeals court agreed that the administration was likely to win on the merits of its narrow argument.

Chief Pentagon spokesman Sean Parnell said Monday that the Department of Defense “welcomes” the court’s decision.

“The department looks forward to presenting its full case to the D.C. Circuit on the merits,” he said in a social media statement.

The Trump administration has repeatedly taken actions critics see as attempting to influence media coverage, including a Defense Department policy announced in October that threatened the credentials of reporters who gather sensitive information.

Most credentialed journalists refused to sign, and The New York Times and one of its reporters sued.

Friedman blocked the rule. The Pentagon then attempted to enact an interim policy that was again blocked on April 9 by Friedman, who ruled that the Trump administration “cannot simply reinstate an unlawful policy under the guise of taking ‘new’ action and expect the court to look the other way.”

D.C. Circuit Judge J. Michelle Childs said in dissent that though the escort policy on its face appeared different from the policy blocked by the March order, its practical effect was the same: denying reporters meaningful access to the Pentagon.

“The point of the injunction, as the district court interpreted it, ‘was to restore The Times journalists’ access to the Pentagon, not merely to ensure that they have possession of a physical credential,” she said.

“Reporters can hardly verify sources, gather information, or speak candidly with department personnel with an escort looming over their shoulders.”

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Appeals court rules Texas can require Ten Commandments in school

Texas Attorney General Ken Paxton, seen here in April 2024, celebrated an appeals court ruling on Tuesday in favor of Senate Bill 10, which mandates public schools to display the Ten Commandments in all classrooms. Pool File Photo by Justin Lane/UPI | License Photo

April 22 (UPI) — A U.S. appeals court has ruled that Texas can require schools to display a copy of the Ten Commandments, finding the legislation that mandates the Decalogue in classrooms does not require students to believe in the religious teachings.

The Tuesday ruling from the Fifth Circuit Court of Appeals is a victory for Texas conservatives and Christians who have fought to further include religion in public spaces. The decision is expected to be appealed to the Supreme Court.

“This is a major victory for Texas and our moral values,” the state’s Republican attorney general, Ken Paxton, said in a statement.

“The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day.”

Texas Gov. Greg Abbott signed Senate Bill 10 into law June 10, directing every classroom in all Texas public schools to display the Ten Commandments starting Sept. 1, but has been tied up in litigation since.

While proponents argue the Decalogue is foundational to American life, opponents state that mandating it in schools is an unconstitutional violation of the separation of church and state.

The American Civil Liberties Union, which represented multi-faith Texas families in the case, said it was “extremely disappointed” by the decision and expects the Supreme Court to reverse it.

“The court’s ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority,” the ACLU of Texas said in a statement.

“The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights.”

The appeals court on Tuesday ruled 9-7 to overturn a lower court’s preliminary injunction that found S.B. 10 likely unconstitutional.

In its ruling, the appeals court found S.B. 10 “looks nothing like a historical religious establishment.”

“S.B. 10 authorizes no religious instruction and gives teachers no license to contradict children’s religious beliefs (or their parents’). No child is made to recite the Commandments, believe them or affirm their divine origin,” the court said.

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