Pentagon Firing Ruling
Judge allows Pentagon to proceed with firing three Stars and Stripes journalists.
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Key Points
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Judge Trevor McFadden said the case was still at an “early stage” and that the journalists had not shown the “irreparable harm” required for a preliminary injunction.
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According to the lawsuit, the Pentagon directed publisher Max Lederer to fire Slavin and Korte after Stars and Stripes reported on hardships aboard the USS Abraham Lincoln; Lederer declined to do so and later announced his retirement.
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McFadden noted that Slavin and Korte had requested and received permission from their superiors before making the CBS remarks, but still concluded that the broadcast appeared to be part of their official duties rather than private speech.
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The employees received separation notices on August 21, which cited “insubordination and violations of regulations based on their CBS statements” as the grounds for the action.
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Taryn Wilgus Null of the Democracy Defenders Fund said the attorneys were disappointed but expected to prevail after discovery, when they could develop the factual record; the judge’s ruling did not resolve the case on its merits.
A federal judge denied an emergency bid by three Stars and Stripes journalists to stop the Pentagon from firing them, ruling they were unlikely to win their First Amendment claims. News Nation Now reported that Judge Trevor McFadden said the case was still early and the journalists had not shown the "irreparable harm" needed for a preliminary injunction. Publisher Max Lederer, editor-in-chief Erik Slavin, and reporter Lara Korte received separation notices in August citing insubordination tied to CBS remarks they made about the military newspaper's editorial independence.
The trio claims they were retaliated against for discussing newsroom independence on CBS Sunday Morning, while the Pentagon says they violated regulations and showed insubordination. The Epoch Times noted that their attorneys said they plan to pursue further legal options as the case moves forward. The ruling marks a setback in a larger battle over how much editorial freedom a government-funded military publication can keep.
Judge Says Journalists Didn't Meet Injunction Standard
McFadden wrote that the journalists had not proven they would likely win their case or face irreparable harm if fired. Red State reported the judge acknowledged Slavin and Korte had requested and received permission from superiors before making their CBS comments. However, McFadden concluded the broadcast appeared to be part of their official duties rather than private speech, weakening their First Amendment argument.
The ruling does not settle the case on its merits. Democracy Defenders Fund attorney Taryn Wilgus Null said the team remained confident they would prevail during discovery, when both sides gather evidence and build their factual record. The temporary loss does not stop the legal battle from continuing.
Pentagon Claims Insubordination Over CBS Interview
The Department of Defense cited "insubordination and violations of regulations" as grounds for the August 21 separation notices. The Pentagon says the journalists crossed a line by publicly discussing the newsroom's independence on a major broadcast. Officials argue that even with permission, the employees broke protocol by airing internal editorial matters to outside audiences.
The dispute began when Stars and Stripes reported on hardships aboard the USS Abraham Lincoln. NTD reported that the Pentagon ordered publisher Lederer to fire Slavin and Korte over their CBS appearance. Lederer refused and later announced his retirement rather than follow the directive, setting the stage for the current legal showdown.
First Amendment Battle Over Military Newsroom Freedom
The case sits at the center of a broader tension: how much independence should a government-funded military newspaper have? The journalists argue their comments were protected speech made as part of their professional duties. They claim the Pentagon retaliated against them for exercising First Amendment rights, not for actual insubordination.
The Gateway Pundit reported that McFadden, a Trump appointee, denied the emergency injunction request. The ruling does not resolve whether the firings actually violated the First Amendment—only that the journalists failed to meet the high bar for stopping the firings before trial. Their attorneys have signaled plans to pursue the case further through the court system.
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