Story perspectives

Judge Denies Restraining Order, Pentagon Fires Stars and Stripes

9/8/2026

Summary

Story summary

U.S. Judge Trevor McFadden denied a restraining order, allowing the Pentagon to fire three Stars and Stripes journalists.
Max Lederer, Erik Slavin and Lara Korte sued on August 28, alleging retaliation for defending independence in Abraham Lincoln report.
McFadden concluded the interviews were duties, not private speech, so the Pentagon likely did not violate First Amendment rights.
Pentagon spokesman Sean Parnell said the statements constituted government speech, not protected private speech.

History

Historical Context

In June 1971 the Supreme Court ruled 6-3 in New York Times Co. v. United States, rejecting Nixon’s attempt to block the Pentagon Papers leaked by Daniel Ellsberg. The decision protected the press for the 19 newspapers that published the study and set a strong prior-restraint precedent. Judge Trevor McFadden’s August 28 ruling allowing the Pentagon to fire Stars and Stripes reporters revives that same national-security argument, threatening First-Amendment safeguards.

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Story summary

U.S. Judge Trevor McFadden denied a restraining order, allowing the Pentagon to fire three Stars and Stripes journalists.
Max Lederer, Erik Slavin and Lara Korte sued on August 28, alleging retaliation for defending independence in Abraham Lincoln report.
McFadden concluded the interviews were duties, not private speech, so the Pentagon likely did not violate First Amendment rights.
Pentagon spokesman Sean Parnell said the statements constituted government speech, not protected private speech.

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