Federal Judge Rejects Bid to Block Pentagon Firings of Stars and Stripes Journalists

POLICY WIRE — Washington, D.C. — A federal judge ruled Friday that the Pentagon may proceed with the termination of three staff members from the military publication Stars and Stripes.

U.S. District Judge Trevor McFadden issued a 24-page decision denying a request to pause the firings. The request was filed by the newspaper’s editor-in-chief, publisher, and a reporter while their lawsuit against the terminations continues.

Judge McFadden concluded that the government likely did not breach the First Amendment rights of the employees when they were dismissed last month.

The legal challenge was brought by reporter Lara Korte, editor-in-chief Erik Slavin, and publisher Max Lederer. All three received separation notices in August and were placed on administrative leave following accusations of insubordination.

The dismissals have sparked debate over the autonomy of Stars and Stripes. While the outlet is military-operated and receives partial taxpayer funding, it has historically maintained independence from the White House and military command.

The terminations occurred shortly after the paper ran a report on the USS Abraham Lincoln. That story highlighted food and water scarcity as well as declining mental health among crew members during a nine-month deployment.

According to the lawsuit, Pentagon officials directed Lederer to issue separation notices to Korte and Slavin one day after the aircraft carrier story was published.

The filing claims Lederer refused to deliver the notices and chose to resign instead, though he was fired before his resignation could take effect.

In his ruling, McFadden suggested the plaintiffs’ grievances were not constitutional in nature. [At] bottom, on the current record, Plaintiffs’ real complaint seems to be that they were victims of a cruel bait-and-switch, the judge wrote.

He further noted that the employees were fired for giving pre-approved interviews where they mostly followed company guidelines, stating, “Whatever else such a scheme may violate, it does not clearly offend the First Amendment.”

The decision followed a Friday court appearance where Justice Department attorneys faced off against lawyers representing the journalists. The plaintiffs argued the Pentagon had illegally fired them for exercising protected free speech.

Attorney Taryn Wilgus Null argued before the District of Columbia court that her clients acted as sources rather than reporters for a CBS segment. Null contended they were discussing matters of public concern that fell outside their official roles at the newspaper.

Null also pointed to an email from Korte stating she would “rather eat glass” than let the federal government dictate her writing. He argued this demonstrated her concerns regarding her ability to fulfill her professional duties.

Furthermore, the attorney dismissed the connection to the USS Abraham Lincoln story as a “red herring,” claiming the termination process had begun more than a month before that piece was published.

Before issuing his ruling, Judge McFadden noted that both legal teams presented case law supporting their positions. He remarked that the matter required a detailed, fact-driven analysis that might vary for each of the three individuals involved.

Reporting by Policy-Wire (PW)