A federal judge has ruled against three journalists from Stars and Stripes in their attempt to reverse their firing by the Pentagon. U.S. District Judge Trevor McFadden denied a temporary restraining order sought by the newspaper’s publisher Max Lederer, editor-in-chief Erik Slavin, and reporter Lara Korte. The judge stated that they did not meet the burden required to justify a preliminary injunction.
In response, the journalists expressed their disappointment but emphasized that the decision is not final. “We are reviewing the decision with our attorneys and considering our next steps,” said Lederer, Slavin, and Korte in a joint statement. They believe that journalists should not be dismissed for opposing censorship and defending the editorial autonomy of Stars and Stripes.
Stars and Stripes is crucial for informing the military community, and maintaining its independence is essential,” they added. “This case is about whether servicemembers and their families can depend on a free press without fearing retaliation.
The Pentagon’s chief spokesperson Sean Parnell hailed the legal outcome on social media. He explained that the court supported settled Supreme Court law, which states that public employees do not have First Amendment protection when speaking as representatives of the government. Parnell noted that the controversial interviews involved supervisor participation, took place at the workplace, and utilized official titles, marking them as government speech.
The journalists’ termination stemmed from Slavin and Korte’s unauthorized appearance on a “CBS Sunday Morning” segment discussing Pentagon plans to reform the newspaper. Lederer chose not to dismiss them despite Pentagon orders. The lawsuit claims that Pentagon officials initially did not react, though later they demanded the firing of Slavin and Korte following a report on internal conflict aboard the USS Abraham Lincoln.
Named as defendants in the lawsuit are the Pentagon, Secretary of War Pete Hegseth, and Sean Parnell along with his deputy assistant Andrew Brey. Slavin argued that the Pentagon never clarified how the CBS interview constituted insubordination, pointing out that previous media interactions had occurred without needing approval.
Slavin stressed the importance of the case, saying, “This isn’t about me. It’s not about three jobs. It’s about ensuring servicemembers and their families receive dependable, independent news.” He expressed concern about further retaliation against Stars and Stripes staff for supporting its editorial independence.