A federal judge has ruled against the attempt by three dismissed Stars and Stripes journalists to overturn their firing by the Pentagon. U.S. District Judge Trevor McFadden denied a temporary restraining order filed by publisher Max Lederer, editor-in-chief Erik Slavin, and reporter Lara Korte. The judge stated they did not meet the requirements for a preliminary injunction.
The journalists expressed disappointment with the ruling but stated that this is not the final decision. They are consulting with their attorneys to decide on their next steps. According to Lederer, Slavin, and Korte, the issue is about maintaining the editorial independence of Stars and Stripes against censorship.
This case concerns the rights of servicemembers and military families to rely on a free and independent press. It questions whether journalists at Stars and Stripes can work without fear of retaliation, they added.
Chief Pentagon spokesman Sean Parnell commented on the ruling on social media. He highlighted that public employees do not have First Amendment protection when speaking with the government’s voice. Parnell noted that the interviews involved the journalists’ official roles and were conducted with supervisor involvement, qualifying them as government speech.
Stars and Stripes is a publication funded by the Department of War to serve the military community. The Department has responsibilities to ensure the publication remains focused on military concerns rather than becoming a platform for airing employee grievances.
Last month, the Pentagon fired the journalists for alleged insubordination. The journalists responded with a lawsuit claiming retaliation and violation of First Amendment rights. The issues stemmed from an unauthorized participation by Slavin and Korte in a CBS segment and Lederer’s refusal to fire them afterward.
The lawsuit states that initially, the Pentagon did not react to their interviews. However, the situation changed after a Stars and Stripes report on alleged issues aboard the U.S.S. Abraham Lincoln. The following day, Pentagon leadership demanded actions against the journalists.
Defendants named in the lawsuit include the Pentagon, Secretary of War Pete Hegseth, and other Pentagon officials. Slavin pointed out in an interview with Fox News Digital that they were never clearly labeled as insubordinate for the CBS interview, as he had given other interviews without needing approval from Pentagon leadership.
Slavin stated the matter goes beyond personal employment, emphasizing its significance for providing servicemembers and their families with access to independent news. He expressed concern for the staff’s potential retaliation risk if they advocate for editorial independence.
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