That wasn’t the issue before the Court. The issue is denying or revoking press access to the Pentagon based on arbitrary and vague rules with a possibility of those rules being used to punish those critical of the Pentagon or Hegseth, or engaging in investigative reporting. As the Court noted, those rules were already being used to grant press passes to the my pillow guy and James O’ Keefe. The rules banned journalists who had felonies but the Pentagon granted a pass to O’Keefe who had a felony record solely because he is a Trumpist toady. It was plain what the Pentagon is attempting.
The Pentagon wanted the NYTs and others to sign a flagrantly unconstitutional pledge which would have impeded them from doing their jobs, I.e. holding the government accountable.
The Court was right. This was a victory for the 1st Amendment…for now.