Pentagon Allows Firing of Three Stars and Stripes Journalists

U.S. District Judge Trevor McFadden, a Trump-appointed judge, denied a temporary restraining order filed by Stars and Stripes publisher Max Lederer, editor-in-chief Erik Slavin, and Middle East reporter Lara Korte. In a 24-page opinion issued in September, he held that the CBS interviews were given in the journalists’ official capacities, making the speech “government speech” and outside First Amendment protection.

CBS News

Stars and Stripes, a Department of War newspaper with partial Pentagon funding, has traditionally enjoyed editorial independence. On July 5, its editor-in-chief and a reporter appeared on “CBS Sunday Morning” to discuss proposed changes to that independence, prompting Pentagon displeasure. After the outlet published a report on August 11 about conditions aboard the aircraft carrier USS Abraham Lincoln, Pentagon officials instructed Lederer to issue separation notices to Slavin and Korte for alleged insubordination. Lederer declined, announced his retirement, and was terminated. The three journalists sued on August 28, alleging retaliation and First Amendment violations.

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The plaintiffs contend the firings retaliated against protected speech and chilled independent news for service members and families. Their claim hinges on whether the CBS interviews were made as private citizens on matters of public concern. The Department of Defense argues the interviews were arranged with supervisor involvement, conducted at Stars and Stripes workplaces, and presented speakers with official titles—factors that, under Supreme Court precedent, render the speech “government speech” rather than private expression.

Newsweek

He framed the court’s decision as validation that the firings were based on workplace conduct, not on protected speech.

Newsweek

• “The court applied settled Supreme Court law: public employees do not receive First Amendment protection when they speak with the government’s voice,” — Sean Parnell, Pentagon spokesman

Fox News (website)

• “They are thus unlikely to succeed on the merits of their First Amendment claim and do not demonstrate irreparable harm,” — Trevor McFadden, district judge

CNN

The Pentagon says separation notices for Slavin and Korte were prepared weeks before the August 11 article, calling the timing a “red herring.” Plaintiffs argue the notices were issued the day after publication, suggesting a causal link. The court’s record notes the “bizarre” timing but does not resolve the chronology, leaving the factual sequence disputed.

CNN

Both sides are expected to file additional motions and proceed to evidentiary hearings as the constitutional and administrative claims move through federal court.

Newsweek