Federal judge allows Pentagon to proceed with firing three journalists
Federal judge allows Pentagon to proceed with firing three Stars and Stripes journalists despite First Amendment claims.
Event / Politics
Ongoing disputes over Pentagon control of the military news outlet Stars and Stripes, including journalist terminations and legal challenges regarding editorial independence and First Amendment protections.
2026-08-29 to 2026-11-07 · UTC publication dates
Coverage begins 29 Aug, 03:05 UTC
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U.S. District Judge Trevor McFadden ruled on September 4 that the Department of Defense can proceed with firing three Stars and Stripes employees: editor-in-chief Erik Slavin, publisher Max Lederer, and reporter Lara Korte. The judge declined to grant the journalists' request for a temporary restraining order, determining that the Pentagon likely did not violate the First Amendment by terminating them.
Judge McFadden ruled that Slavin and Korte were legally dismissed for giving interviews to CBS News as part of their official duties as public employees rather than as private citizens. The judge wrote that they were 'being fired for giving pre-approved interviews on their paper's behalf in which they largely toed the company line,' which he concluded did not clearly offend the First Amendment.
Erik Slavin, Max Lederer, and Lara Korte filed a lawsuit against the Pentagon in late August, alleging their dismissals were retaliatory and violated their First Amendment rights. The journalists claimed they were fired for speaking as private citizens in support of press freedom to cover military operations, and specifically referenced their appearance on CBS Sunday Morning discussing concerns about Stars and Stripes losing editorial independence.
At least two other lawsuits have been filed against the Pentagon regarding Stars and Stripes. Pulitzer Prize-winning reporters Susan Dardarian and William Church, serving as advisory board members, sued the Pentagon in June accusing the military of illegal censorship. The publication's former ombudsman Jacqueline Smith also sued in June, claiming she was fired in retaliation for writing an opinion column in violation of her First Amendment rights.
Pentagon officials directed Stars and Stripes publisher Max Lederer to fire editor-in-chief Erik Slavin and reporter Lara Korte on August 12, the day after the publication ran an article on August 11 detailing deteriorating conditions and mental health crises aboard the USS Abraham Lincoln. Lederer refused to terminate the journalists and subsequently announced his retirement.
Erik Slavin (editor-in-chief), Max Lederer (publisher), and Lara Korte (reporter) sued the Pentagon and Defense Secretary Pete Hegseth on August 27, claiming their planned terminations violated their First Amendment rights. They were notified on August 21 of dismissal notices citing insubordination, with terminations set to take effect August 29.
Although Lederer announced retirement on August 17, all three journalists received formal separation notices on August 21 charging them with insubordination and other Defense Department violations. Lederer was pushed out before his intended September 30 retirement date, and Slavin and Korte were terminated.
The Pentagon terminated Jacqueline Smith, the ombudsman for Stars and Stripes whose role was to safeguard the publication's editorial independence. She subsequently filed her own First Amendment lawsuit against the Department of Defense in June.
Pentagon spokesman Sean Parnell stated the Pentagon would 'modernize its operations, refocus its content away from woke distractions that syphon morale, and adapt it to serve a new generation of service members,' focusing on 'warfighting, weapons systems, fitness, lethality, survivability, and all things military.'
On August 12, Pentagon official Andrew Brey directed Max Lederer to present separation notices to Slavin and Korte, charging them with insubordination over comments they made on CBS Sunday Morning on July 5 in which they stated the Pentagon should not dictate Stars and Stripes coverage.
Stars and Stripes, a military publication partially funded by the Pentagon, reaches approximately 1.4 million readers every day and has maintained editorial independence since continuous publication following World War II, with historical roots dating to the Civil War.
On August 11, Stars and Stripes published a report titled 'USS Abraham Lincoln families press Navy leaders over sailors' mental health' detailing alleged food and water shortages, disrupted mail service, grueling workdays, and mental health concerns aboard the aircraft carrier. On August 12, the Pentagon ordered termination notices be presented to the journalists.
In January, the Pentagon announced it would 'modernize' Stars and Stripes and 'refocus its content away from woke distractions.' The same day, the agency moved to repeal regulations that protected the publication's editorial independence.
Max Lederer declined to present the separation notices ordered by Pentagon official Andrew Brey on August 12. Instead, on August 17 he contacted Brey requesting clarification. After being reconfirmed to deliver the notices, Lederer announced his retirement effective September 30, stating his philosophy and understanding of Stars and Stripes' mission differed fundamentally from the Pentagon's direction.
Federal judge allows Pentagon to proceed with firing three Stars and Stripes journalists despite First Amendment claims.
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