Court Rules Pentagon Can Fire Stars and Stripes Journalists

A district court denied a motion from three Stars and Stripes journalists that sought to block the Department of War from firing them.

While plaintiffs argue that the terminations “violate their First Amendment rights to communicate as citizens on matters of public concern,” such rights have “some limitations” when applied to people employed in public service, Judge Trevor N. McFadden, from the U.S. District Court for the District of Columbia, said in the Sept. 4 order.

“When government employees provide public commentary in their official capacity, their speech is government speech, and the First Amendment does not apply,” the judge said, adding that the plaintiffs have not demonstrated any “irreparable harm.”

The journalists—Max D. Lederer, Erik A. Slavin, and Lara S. Korte—filed their lawsuit on Aug. 27.

On July 5, Korte and Slavin gave interviews to CBS News. The program discussed changes to Pentagon regulations governing Stars and Stripes and their impact on its independence.

Korte said that restrictions may come on her reporting. “I’m working for Stars and Stripes … not for the Pentagon, not for any administration, not for any policymaker. I’m here to cover the military community,” she said.

Meanwhile, Slavin said he would not comply if the Pentagon requested depictions of the story that were inaccurate.

On Aug. 11, Stars and Stripes published a story about “deteriorating conditions” aboard the USS Abraham Lincoln, according to the lawsuit. The vessel had been on extended duty amid the U.S.–Iran war.

On Aug. 12, a day after the article was published, Lederer was allegedly ordered to give Slavin and Korte Notices of Separation, citing insubordination for statements made in the July 5 interview.

However, Lederer did not deliver the notices. Instead, he announced his retirement.

Moreover, on Aug. 18, Lederer gave an interview with Stripes, raising concerns about the “direction” of the publication, the complaint said.

On Aug. 21, the Pentagon delivered Notices of Separation for all three plaintiffs, accusing them of insubordination and violating other Department of Defense rules, according to the lawsuit. Defendants in the case include the Pentagon and officials from the department.

“Defendants seek to terminate Plaintiffs because they publicly expressed their personal opinions about Stripes’ operations as citizens and because Defendants disapproved of Stripes’ publication of the Lincoln Story. The terminations violate Plaintiffs’ First Amendment rights,” the lawsuit said.

According to the recent court order in Slavin and Korte, the judge held that the plaintiffs failed to show that they participated in the CBS News interview as private citizens.

As for Lederer, the judge observed that his “failure to carry out a directive from a supervisor finds no shelter under the First Amendment.”

The judge denied the plaintiffs’ motion for a temporary restraining order and a preliminary injunction.

The Epoch Times reached out to the legal representative for Slavin, Korte, and Lederer for comment and did not receive a response by publication time.

The Reporters Committee for Freedom of the Press, which provides free legal services to news organizations and journalists, said in a Sept. 4 statement that the court should block the War Department from terminating the three employees.

“The government’s actions in this case pose a threat to the historical independence of a news outlet that publishes stories of interest to the U.S. military community,” the group said.