Judge Rejects Fired Stars and Stripes Journalists' Bid to Force Pentagon to Reinstate Them

A federal judge has handed the Pentagon a legal victory, rejecting an emergency attempt by three fired Stars and Stripes journalists to force their way back into their jobs while they pursue a First Amendment lawsuit against the Trump administration. U.S. District Judge Trevor McFadden denied the request for a temporary restraining order and preliminary injunction filed by Stars and Stripes publisher Max Lederer, editor-in-chief Erik Slavin, and reporter Lara Korte. McFadden ruled that the journalists 'ultimately fail to carry their significant burden to show that they are clearly entitled to a preliminary injunction.' The three were fired last month after a dispute with Pentagon leadership over unauthorized media appearances and the newspaper's editorial direction. They subsequently sued the Pentagon, Secretary of War Pete Hegseth, chief Pentagon spokesman Sean Parnell, and Principal Deputy Assistant Andrew Brey, accusing the administration of retaliating against them for protected speech. For now, however, the court has refused to undo the firings. Pentagon: This Was Government Speech, Not Protected Employee Speech Parnell celebrated the ruling and argued that the case involved government employees speaking in their official capacities rather than private citizens exercising independent First Amendment rights. 'The court applied settled Supreme Court law: public employees do not receive First Amendment protection when they speak with the government's voice,' Parnell said. 'The record showed these interviews were arranged with supervisor involvement, conducted at Stripes workplaces, and presented the speakers in their official titles, discussing the paper they run. That is government speech, not private-citizen speech.' Parnell said Stars and Stripes exists as a Department of War publication funded to provide information to America's military community. 'Stars and Stripes is a Department of War publication funded to inform the military community,' Parnell said. 'The Department has both the authority and the responsibility to ensure it remains focused on the force — warfighting, readiness, and the men and women who serve — rather than becoming a platform for airing employee grievances.' 'We will follow the law and complete the personnel process,' he added. Unauthorized CBS Interview Triggered Showdown The firings stem from Slavin and Korte's participation in a July 'CBS Sunday Morning' segment examining Pentagon plans to overhaul Stars and Stripes. The journalists allegedly participated without authorization from Pentagon leadership. Lederer was subsequently directed to fire Slavin and Korte but refused. The Pentagon then fired all three journalists over alleged insubordination. Slavin, Korte, and Lederer argue that Pentagon officials understood their CBS comments to be personal views and initially took no disciplinary action against them. Their lawsuit alleges that the administration's posture changed only after Stars and Stripes published a story describing alleged turmoil aboard the USS Abraham Lincoln. According to the lawsuit, Pentagon leadership demanded that Lederer fire Slavin and Korte one day after that story appeared. The journalists contend that this sequence demonstrates retaliation over unfavorable reporting rather than legitimate discipline. McFadden's ruling, however, means they have not met the demanding standard required for an emergency injunction while the larger lawsuit proceeds. Journalists Say Fight Is Not Over Lederer, Slavin, and Korte expressed disappointment after losing their request but emphasized that the ruling does not resolve the underlying case. 'We are reviewing the decision with our attorneys and considering our next steps,' the three said in a joint statement. '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.' They framed the dispute as a larger fight over whether military personnel can rely on the newspaper as an independent source of information. 'This case is not primarily about the three of us,' they said. 'It is about whether the service members who swear to defend the Constitution, and the military families who serve alongside them, can rely on a free and independent press.' 'It is also about whether the military and civilian journalists at Stars and Stripes can do their jobs without fear of retaliation,' they added. Slavin made a similar argument in an interview with Fox News Digital. 'This isn't about me. It's not about three jobs,' Slavin said. 'It's about whether service members and their families are gonna have access to independent news and information and news that they can trust.' He also expressed concern that remaining employees could fear disciplinary action for publicly defending the paper's editorial independence. Pentagon Wins First Round The three journalists insist they had previously participated in outside media interviews without being required to obtain authorization and argue that the Pentagon has never adequately explained why their CBS appearance constituted insubordination. The Pentagon takes a fundamentally different view. Its position is that employees speaking publicly in their official roles on behalf of a government-funded military publication do not have an unrestricted constitutional right to use those positions to attack department policy. McFadden declined to grant the extraordinary relief required to immediately reverse the firings. That does not end the journalists' lawsuit, and their claims can continue through the courts. But the first major legal battle has gone to the Pentagon. For now, Lederer, Slavin, and Korte remain out, and the Trump administration retains control over the personnel decisions at the taxpayer-funded military newspaper. READ MORE – At Least 100 Girls Under 12 Flagged as Forced-Marriage Victims in Britain, 27 Were Under Five