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Judge allows Pentagon to proceed with firing Stars and Stripes journalists

A federal court denied an emergency request to halt terminations at the military newspaper, citing First Amendment limits for public employees.

Updated Sep 5, 2026 · 02:18 UTC4 reports

The short version

  • U.S. District Judge Trevor McFadden rejected a bid to block the Pentagon from terminating Stars and Stripes publisher Max Lederer, editor-in-chief Erik Slavin, and reporter Lara Korte.[The Hill · The Guardian · CBS News]
  • The judge concluded the journalists are unlikely to succeed on First Amendment claims because their public comments to CBS News fell within their official job duties.[The Hill · The Guardian]
  • The lawsuit accuses the Defense Department of retaliating over editorial independence concerns and critical reporting, which government attorneys deny as the case proceeds.[The Hill · The Guardian · Associated Press]

Key facts

  • U.S. District Judge Trevor McFadden denied a preliminary injunction to halt the termination of three Stars and Stripes staff members.[The Hill · CBS News]
  • The judge ruled the plaintiffs are unlikely to prove First Amendment violations because their CBS News interviews occurred as part of official duties rather than as private citizens.[The Hill · The Guardian]
  • The three affected staff members are publisher Max Lederer, editor-in-chief Erik Slavin, and Middle East reporter Lara Korte.[The Guardian · Associated Press]
  • Separation notices issued on August 21 cited insubordination for Slavin and Korte over their CBS statements, and Lederer's refusal to deliver the notices.[The Hill]
  • The Defense Department and Defense Secretary Pete Hegseth are named defendants in the lawsuit.[The Guardian · Associated Press]

What remains uncertain

  • The ultimate outcome of the lawsuit remains unresolved as the case is at an early stage and plaintiffs are weighing legal options ahead of discovery.[The Hill]
  • The parties dispute whether an article on the USS Abraham Lincoln accelerated the dismissals, with the Justice Department arguing firing decisions were made weeks before the article was published.[The Hill]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.