Judge clears way for Pentagon to fire Stars and Stripes journalists in First Amendment case

WASHINGTON, DC: A federal judge on Friday, September 4, refused to block the Pentagon from firing three Stars and Stripes staff members who sued after being disciplined over their work and comments about the military newspaper’s editorial independence.

US District Judge Trevor McFadden ruled that the journalists were unlikely to establish that the Pentagon violated their First Amendment rights. The decision allows the firings to proceed while the broader lawsuit continues.

Judge says staffers 'failed to demonstrate a chill'

McFadden, who was nominated by President Donald Trump, said the plaintiffs had not shown that their terminations would unlawfully restrict protected speech or threaten the newspaper’s editorial independence.

“Plaintiffs argue that their termination will chill the protected expression of themselves and others at Stripes,” McFadden wrote. “Plaintiffs have failed to demonstrate a chill here.”

Stars and Stripes publisher Max Lederer, editor-in-chief Erik Slavin and Middle East reporter Lara Korte had filed the lawsuit last week in Washington, DC, naming the Defense Department and Defense Secretary Pete Hegseth among the defendants. The newspaper receives partial funding from the Pentagon.

Slavin said that he had been dismissed for insubordination after participating in a CBS News interview in which he raised concerns about potential military censorship. Korte also participated in the interview. Their lawsuit alleges that the two were punished in retaliation for publishing a report about deteriorating conditions aboard the USS Abraham Lincoln.

However, McFadden reached a different conclusion regarding the First Amendment claim, finding that Slavin and Korte participated in the interview as part of their official responsibilities as government employees rather than as private citizens.

“They are being fired for giving pre-approved interviews on their paper’s behalf in which they largely toed the company line. Whatever else such a scheme may violate, it does not clearly offend the First Amendment,” McFadden wrote.

Lederer’s case stems from a separate dispute. He alleged that the Pentagon had placed an active-duty service member in a deputy publisher position beneath him without his knowledge.

Lederer Jr then announced his retirement, citing fundamental disagreements with Defense Department leadership. In his resignation memo, the longtime publisher of Stars and Stripes wrote, "It has become clear that my philosophy of leadership, and my understanding of the value and mission of Stars and Stripes, differ in fundamental ways from the direction the leadership of the Department of Defence has for the organization." 

Lawsuit continues as journalists challenge dismissals

The ruling concerned the plaintiffs’ request for a preliminary injunction, rather than the final merits of their lawsuit. Their attorneys argued that further proceedings and discovery could establish that the Pentagon violated their rights.

Taryn Wilgus Null, an attorney with the Democracy Defenders Fund, said the ruling underscored the “high burden” plaintiffs face when seeking a preliminary injunction but emphasized that the decision does not resolve the case.

“While we are disappointed in the decision, we fully expect to prevail after we have an opportunity to take discovery and all the facts are revealed,” Null said in a statement. The plaintiffs are represented by attorneys from the Democracy Defenders Fund, Lawyers for Good Government, the Government Accountability Project, and a Yale Law School clinic.