A federal judge has denied a request from three ousted journalists at the military newspaper Stars and Stripes to reverse their firings by the Pentagon. U.S. District Judge Trevor McFadden ruled Friday that the journalists failed to meet the significant burden of showing they were clearly entitled to a preliminary injunction.
Erik Slavin, the former editor-in-chief, along with publisher Max Lederer and reporter Lara Korte, had sought to block the Pentagon's decision to terminate their employment. The journalists expressed disappointment with the ruling but stated it is not the final judgment, and they are considering their next steps with legal counsel. They maintain the Pentagon should not be able to fire journalists for speaking out against alleged censorship and for defending the editorial independence of Stars and Stripes.
"This case is not primarily about the three of us. It is about whether the servicemembers who swear to defend the Constitution, and the military families who serve alongside them, can rely on a free and independent press," the journalists said in a statement. "It is also about whether the military and civilian journalists at Stars and Stripes can do their jobs without fear of retaliation."
Chief Pentagon spokesman Sean Parnell highlighted the legal victory, stating on X (formerly Twitter) that public employees do not receive First Amendment protection when speaking with the government's voice. He asserted that the interviews in question were arranged with supervisor involvement, conducted at the newspaper's workplace, and presented the speakers in their official capacities, thus constituting government speech.
Parnell added that Stars and Stripes is a Department of Defense publication funded to inform the military community. He stated the department has the authority and responsibility to ensure the newspaper remains focused on warfighting, readiness, and service members, rather than serving as a platform for employee grievances. He affirmed that the department would follow the law and complete the personnel process.
The firings, which the Pentagon cited as insubordination, stem from Slavin and Korte's participation in a July "CBS Sunday Morning" segment discussing the Pentagon's overhaul efforts for the paper. Lederer was fired for refusing a directive to dismiss Slavin and Korte. According to the lawsuit, the journalists allege that Pentagon leadership initially did not take immediate action after the interview, understanding their statements as personal opinions. However, their stance reportedly shifted after Stars and Stripes published a report on alleged strife aboard the U.S.S. Abraham Lincoln, leading to a demand for the journalists' termination the following day.
In an interview with Fox News Digital, Slavin contended that the Pentagon never explicitly stated how he and Korte were insubordinate for the CBS interview, noting he had participated in other media interviews without needing prior authorization. He emphasized that the issue extends beyond their individual jobs, focusing on whether service members and their families will have access to independent and trustworthy news. Slavin also expressed concern about potential retaliation against staff members who make statements defending the paper's independent journalism.