Judge's Ruling

A federal judge on Friday cleared the way for the Pentagon to fire three employees of the Stars and Stripes military newspaper, rejecting their request for a temporary restraining order. U.S. District Judge Trevor McFadden ruled that publisher Max Lederer, editor-in-chief Erik Slavin, and Middle East reporter Lara Korte are unlikely to succeed in their claim that the Pentagon violated their First Amendment rights.

In a 24-page ruling, McFadden wrote that the plaintiffs "ultimately fail to carry their significant burden to show that they are clearly entitled to a preliminary injunction." The judge, nominated to the bench by Republican President Donald Trump in 2017, determined that "Stars and Stripes' editorial independence is not at stake here," according to multiple reports.

McFadden also addressed the plaintiffs' argument that their terminations would chill free expression, writing: "Plaintiffs argue that their termination will chill the protected expression of themselves and others at Stripes. Plaintiffs have failed to demonstrate a chill here."

The Lawsuit and Its Claims

Lederer, Slavin, and Korte sued the Pentagon on August 28, a week after they alleged they were illegally pushed out of their positions. The lawsuit, filed in Washington, D.C., claims the firings were retaliation for statements protected under the First Amendment.

According to court documents, the Pentagon was displeased with a July 5 "CBS Sunday Morning" segment that included statements by Slavin and Korte about changes to Stars and Stripes' independence. Slavin said he was dismissed for insubordination after giving the interview, in which he objected to potential censorship by the military. Korte participated in the same interview.

The lawsuit also alleges that the firings were in retaliation for publishing a report on deteriorating conditions aboard the USS Abraham Lincoln. It claims that after the newspaper published that report, the Pentagon directed Lederer to push out Slavin and Korte, which he did not do. Lederer later announced his retirement.

McFadden, however, found that Slavin and Korte acted within their official duties when giving the interview. He wrote that they "requested and received permission from their superiors for their remarks in advance" and that "Plaintiffs' own pleadings and the CBS News segment suggest that they spoke as part of their official duties and not as private citizens."

The judge further stated: "They are being fired for giving pre-approved interviews on their paper's behalf in which they largely toed the company line. Whatever else such a scheme may violate, it does not clearly offend the First Amendment."

Regarding Lederer, McFadden wrote that his "failure to carry out a directive from a supervisor finds no shelter under the First Amendment." Elsewhere in the ruling, the judge noted that the trio's "real complaint seems to be that they were victims of a cruel bait-and-switch."

Reactions and Next Steps

An attorney for the trio said they were "disappointed" with the ruling. The Pentagon did not immediately respond to requests for comment, and it remains unclear whether the agency has formally terminated the employees since the decision.

The ruling followed a Friday morning hearing that came on the final day of a week-long reprieve from the Pentagon that had temporarily stayed the terminations. McFadden's denial of the temporary restraining orders is a setback for Lederer, Slavin, and Korte, who sought to be reinstated to their positions.

The Defense Department and Defense Secretary Pete Hegseth are named as defendants in the lawsuit. The plaintiffs are represented by attorneys from Democracy Defenders Fund, Lawyers for Good Government, Government Accountability Project, and a Yale Law School clinic.

Context and Related Cases

Stars and Stripes, which is partially funded by the Pentagon, has a decades-long record of editorial independence. The dispute comes amid broader efforts by the Pentagon to reshape the newspaper's operations. In January, chief Pentagon spokesman Sean Parnell posted on X that the agency sought to "modernize" the military newspaper's operations and "refocus its content away from woke distractions." That same month, the Pentagon moved to repeal regulations that protected the outlet's editorial independence.

McFadden also presided over a separate case involving The Associated Press, in which he ordered the White House to restore the AP's full access to presidential events, affirming on First Amendment grounds that the government cannot punish a news organization for the content of its speech. The administration's appeal in that case is pending.

In addition to the lawsuit by Lederer, Slavin, and Korte, the Pentagon faces two other lawsuits from individuals associated with Stars and Stripes. In early June, two advisory board members sued the agency over the "modernization" efforts, claiming they amount to illegal censorship. Later that month, the outlet's ombudsman sued the agency, alleging First Amendment violations after being forced out in April.