Federal Judge Denies Request to Reverse Pentagon’s Decision on Stars and Stripes Journalists

U.S. District Judge Trevor McFadden denied a request from Stars and Stripes journalists to block the Pentagon’s decision to dismiss them. The journalists had sought a temporary restraining order, but the judge concluded they did not meet the burden of proving entitlement to a preliminary injunction.

Stars and Stripes publisher Max Lederer, editor-in-chief Erik Slavin, and reporter Lara Korte reacted with disappointment, yet emphasized the decision was not definitive. The trio maintains their stance that the Pentagon should not dismiss journalists for advocating against censorship and defending editorial independence.

We are reviewing the decision with our attorneys and considering our next steps. We continue to believe that the Pentagon should not be able to fire journalists for speaking out against censorship and defending the editorial independence of Stars and Stripes.

Chief Pentagon spokesman Sean Parnell proclaimed the legal victory on social media. He underscored that public employees do not possess First Amendment protection when speaking in the government’s voice. Parnell explained that the interviews were organized with supervisor involvement, conducted in official settings, and represented government speech.

Stars and Stripes is funded to deliver information to the military community. Parnell stated that it is the Department’s responsibility to ensure content focuses on military readiness and activities rather than serving as a platform for employee grievances.

In the previous month, the Pentagon dismissed the journalists for alleged insubordination. The journalists filed a lawsuit claiming retaliation and First Amendment breaches. Their termination followed unauthorized involvement in a CBS segment regarding the Pentagon’s overhaul of the newspaper, along with Lederer’s refusal to comply with Pentagon demands for their dismissal.

The suit alleges Pentagon leadership initially recognized personal opinions in the interviews but took action following a Stars and Stripes report about issues aboard the U.S.S. Abraham Lincoln. The lawsuit lists the Pentagon, Secretary of War Pete Hegseth, Parnell, and deputy assistant Andrew Brey as defendants.

Slavin expressed confusion over the insubordination accusation, citing previous media interactions without requiring Pentagon approval. He emphasized the broader impact on servicemembers’ access to independent journalism and expressed concern over potential further retaliation against staff for asserting their role in providing unbiased news.