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.”
JUST IN: Judge McFadden has rejected the injunction requested by Stars & Stripes journalists who said the Pentagon's effort to fire them violated thier First Amendment speech. https://t.co/Zlq7yuT7fh pic.twitter.com/1zp0Ep8NXk
— Kyle Cheney (@kyledcheney) September 4, 2026
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.
Three Stars and Stripes staffers, including the publisher and editor-in-chief, have sued the Pentagon, alleging their recent firings were unlawful and violated their First Amendment rights. pic.twitter.com/UkiXnop2vM
— Open Source Intel (@Osint613) August 28, 2026
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.
NO IMMEDIATE RULING from judge Trevor McFadden on the request to halt the Pentagon's firings of 3 journalists with Stars & Stripes news
— Scott MacFarlane (@MacFarlaneNews) September 4, 2026
The journalists stood up for their journalistic independence during a recent interview on CBS TV
They allege the firings violate 1st Amend.
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.
🔴 Stars and Stripes publisher resigns over Pentagon push for editorial control
— NewsTongue (@NewsTongueX) August 20, 2026
Max D Lederer Jr, publisher of the military-focused newspaper Stars and Stripes, announced his retirement Tuesday citing fundamental disagreements with Defense Department leadership. In his… pic.twitter.com/2wJmU3alPY
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.
JUST IN: A federal court judge on Friday allowed the Pentagon to move forward with the firing of three Stars and Stripes employees who are suing the government for wrongful termination. (from @svetashko) https://t.co/lkgLUmkFlD
— Stars and Stripes (@starsandstripes) September 5, 2026
“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.