Federal judge rejects bid to block Pentagon firings at Stars and Stripes

Court decision on staff dismissals

US District Judge Trevor McFadden denied an emergency request to block the Pentagon from firing three leaders and reporters at Stars and Stripes on 4 September. The legal challenge was brought by publisher Max Lederer, editor-in-chief Erik Slavin, and Middle East correspondent Lara Korte in Washington, D.C. The complaint lists both the Defense Department and Defense Secretary Pete Hegseth as named defendants. The journalists requested an emergency injunction to halt their terminations and secure reinstatement, arguing that military officials disciplined them unlawfully for defending newsroom autonomy. McFadden, who was appointed to the federal bench by Donald Trump, rejected the injunction and allowed the Pentagon to move forward with the terminations at the military newspaper.

Origins of the newsroom dispute

The conflict originated from an 11 August report published by Stars and Stripes that exposed deteriorating living conditions and mental health crises aboard the aircraft carrier USS Abraham Lincoln. Defense officials instructed Lederer to terminate Slavin and Korte following the appearance of the investigation. Lederer refused the order to dismiss the journalists and subsequently announced his upcoming retirement. He stated that Pentagon officials had installed an active-duty military service member as his deputy publisher without his consent or advance knowledge. Slavin and Korte subsequently participated in a broadcast interview with CBS News, where they raised concerns about potential censorship by military authorities. The Pentagon dismissed Slavin on grounds of insubordination following the broadcast, while Korte faced identical disciplinary action.

First Amendment legal reasoning

In his ruling, McFadden determined that the journalists did not speak as private citizens when appearing on the CBS News broadcast. The judge concluded that Slavin and Korte delivered the interview as part of their official responsibilities as public employees representing the newspaper. The court held that the dismissals did not violate constitutional free speech protections because the appearance had received workplace approval. McFadden also observed that the wider editorial independence of Stars and Stripes was not directly threatened by the case at hand.

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

The judge emphasized that personnel actions taken in response to workplace statements fall outside the boundaries of protected First Amendment claims.

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.

Broader legal challenges and defense control

The journalists are represented by a coalition of legal groups, including the Democracy Defenders Fund, Lawyers for Good Government, the Government Accountability Project, and a Yale Law School clinic. Following the decision, legal counsel for the plaintiffs described the court ruling as disappointing. The lawsuit is one of at least three separate legal actions accusing the Pentagon of seeking greater editorial control over the historically independent outlet. Advisory board members for the publication include Pulitzer Prize-winning journalists Susan Dardarian and William Church. McFadden previously ruled against the Trump administration in a lawsuit filed by The Associated Press over press access following a presidential directive on the Gulf of Mexico, ordering the White House to reinstate full credentials.