Judge Won't Block Pentagon's Move to Fire Stars and Stripes Journalists

A federal judge in Washington D.C. has declined to halt the Pentagon’s plan to fire three prominent Stars and Stripes journalists, a decision that allows the military department to move forward with dismissing them. U.S. District Judge Trevor McFadden, a Donald Trump appointee, ruled on Friday, September 4, 2026, that the journalists are unlikely to prove their First Amendment free speech rights were violated.

The lawsuit was brought by Stars and Stripes Publisher Max Lederer, Editor-in-Chief Erik Slavin, and Middle East Reporter Lara Korte. They alleged that the Pentagon and Defense Secretary Pete Hegseth targeted them for speaking out about the need for the military newspaper to maintain its editorial independence. The trio filed their lawsuit in federal court in Washington D.C. last Thursday, with reports from Courthouse News specifying August 27 and Newsweek stating August 28 as the filing date.

Why are the journalists being fired?

According to the lawsuit, the firings stem from the publication of an August 11 Stars and Stripes article detailing dire conditions and mental health crises aboard the USS Abraham Lincoln. Pentagon officials allegedly directed Lederer to fire Slavin and Korte after this report. Both Slavin and Korte also gave interviews to CBS News for a "CBS Sunday Morning" segment in July, where Korte stated, as reported by CBS, that she worked for Stars and Stripes, "not for the Pentagon, not for any administration, not for any policymaker."

Max Lederer reportedly refused to fire Slavin and Korte. He later announced his retirement after the Pentagon installed a new deputy publisher without his knowledge, and Lederer was subsequently dismissed.

What was the Judge's reasoning?

Judge McFadden concluded that Slavin and Korte were legally dismissed for giving pre-approved interviews to CBS News as part of their official duties as public employees, not as private citizens. "They are being fired for giving pre-approved interviews on their paper's behalf in which they largely toed the company line," McFadden wrote. "Whatever else such a scheme may violate, it does not clearly offend the First Amendment." He also stated that Stars and Stripes' editorial independence "is not at stake here." While acknowledging the situation as a "cruel bait-and-switch," he reiterated his finding that it does not clearly offend the First Amendment.

What is the context behind the firings?

Stars and Stripes, despite being partially funded by the Pentagon, has a decades-long history of editorial independence. However, the Pentagon has made efforts to assert more control over the publication. In January, the Pentagon moved to repeal regulations that specifically protected the outlet's editorial independence. Chief Pentagon spokesman Sean Parnell also posted on X (formerly Twitter) in January that the Department of War sought to "modernize" the military newspaper's operations and "refocus its content away from woke distractions."

The August 11 article that reportedly triggered the firings highlighted that sailors on the USS Abraham Lincoln faced severe food and water shortages, intermittent access to mail, long work days, and limited time off, contributing to poor mental health. The ship's crew had been at sea for over 250 consecutive days, a modern record for an aircraft carrier, in connection with the war with Iran. Military news outlets, including Stars and Stripes and Navy Times, reported multiple attempts by sailors to jump overboard due to these conditions. Defense Secretary Pete Hegseth pushed back against these reports in August, calling the portrayal of conditions "completely misrepresented."

This legal action is not isolated. At least two other lawsuits have accused the Pentagon of interfering with Stars and Stripes' editorial integrity. Pulitzer-winning reporters Susan Dardarian and William Church, who serve on the advisory board to Stars and Stripes, sued the Pentagon in June, alleging illegal censorship.

What happens next for the journalists?

Judge McFadden's ruling denied requests for a temporary restraining order, which means the Pentagon can now proceed with the firings. It is currently unclear whether the three journalists have been formally dismissed since McFadden's decision. An attorney for the journalists expressed disappointment with the ruling, and the lawsuit still argues for the journalists to be reinstated to their jobs.

While the preliminary injunction was denied, Judge McFadden did leave the door open for the journalists to succeed later in the case, stating, "Perhaps discovery will strengthen plaintiffs' case." This suggests the legal battle for the Stars and Stripes journalists may not be over.