The U.S. Court of Appeals for the D.C. Circuit ruled Thursday that the Defense Department's policy that requires journalists working at the Pentagon to have government escorts can stand. 

The three-judge panel ruled 2-1 that the government was likely to succeed in their claim that the requirement does not violate First Amendment protections for freedom of the press, the Washington Post reported. 

The New York Times filed a lawsuit in March, which successfully overturned the core of the policy, a ruling that's being considered on appeal. The Pentagon responded to the ruling with an “interim policy” featuring the escort requirement, and the Times sued separately to intervene in the new policy. 

The appeals court ruling overturns the lower court judge's decision and deals a blow to the Times' lawsuit. 

Times spokesman Charlie Stadtlander said in a statement that the publication is "disappointed with this interim decision" but said they look forward to litigating the issue on its merits.