A federal judge has denied a request from three former Stars and Stripes journalists to reverse the Pentagon's decision to fire them. U.S. District Judge Trevor McFadden ruled Friday that the journalists "ultimately fail to carry their significant burden to show that they are clearly entitled to a preliminary injunction."
The ousted journalists, including publisher Max Lederer, editor in chief Erik Slavin, and reporter Lara Korte, expressed disappointment with the decision but stated it is not the "final judgment." They are reviewing the ruling with their attorneys and considering their 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," the journalists said in a joint statement. They argued that the case is about whether servicemembers and their families can rely on a free and independent press and whether military journalists can work without fear of retaliation.
In a social media post, Chief Pentagon Spokesman Sean Parnell described the court's decision as a win, stating, "The court applied settled Supreme Court law: public employees do not receive First Amendment protection when they speak with the government’s voice." Parnell asserted that interviews given by the journalists were arranged with supervisor involvement, conducted at Stars and Stripes workplaces, and presented the speakers in their official titles, constituting "government speech" rather than private speech.
Parnell further explained that Stars and Stripes is a publication funded by the Department of Defense to inform the military community and that the Department has the authority and responsibility to ensure its focus remains on the force, warfighting, readiness, and personnel, rather than airing employee grievances. He stated the Pentagon would follow the law and complete the personnel process.
Last month, the Pentagon fired Lederer, Slavin, and Korte, alleging insubordination. The journalists subsequently filed a lawsuit, claiming retaliation and a violation of their First Amendment rights. The firings stemmed from Slavin and Korte's participation in a "CBS Sunday Morning" segment discussing Pentagon efforts to overhaul the newspaper, and Lederer's refusal to dismiss them when directed by Pentagon leadership.
The lawsuit alleged that Pentagon leadership initially understood the interview statements as personal opinions but shifted their stance after Stars and Stripes published a report on alleged strife aboard the USS Abraham Lincoln. The Pentagon reportedly demanded Lederer fire Slavin and Korte the day after that report was published.
Slavin maintained in an interview that the Pentagon had not explicitly detailed how he and Korte were deemed insubordinate for the CBS interview, noting he had conducted other media interviews without seeking Pentagon approval. He reiterated concerns that the situation impacts the ability of servicemembers and their families to access independent and trustworthy news and that staff might face retaliation for stating they provide independent news.
The defendants listed in the lawsuit include the Pentagon, Secretary of War Pete Hegseth, Parnell, and his principal deputy assistant, Andrew Brey.