Fired Stars and Stripes staff sue Pentagon, alleging First Amendment violations

21 hours ago  ·  4 min read
By James Lopez - sandego.net
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Fired Stars and Stripes Staff Sue Pentagon

Sandego.net – Three journalists from the military newspaper Stars and Stripes have taken the Pentagon to court, arguing that their dismissals violated the First Amendment. The fired Stars and Stripes staff — editor-in-chief Erik Slavin, publisher Max Lederer, and Middle East correspondent Lara Korte — filed suit on Thursday against the Department of Defense and several senior officials. At the heart of the complaint is the claim that the agency punished them for expressing personal views on press freedom and for publishing a report on conditions aboard the USS Abraham Lincoln.

The Lawsuit and Its Allegations

The complaint names Defense Secretary Pete Hegseth, Pentagon spokesman Sean Parnell, and Principal Deputy Assistant Secretary of Defense for Public Affairs Andrew Brey as defendants. According to the filing, the department treated the trio’s on-air remarks as insubordination and retaliated against a news story that detailed deteriorating conditions on the Lincoln during its extended Middle East deployment. The plaintiffs are seeking a temporary restraining order along with permanent injunctive relief before their contracts expire.

“Defendants are attempting to fire Plaintiffs for speaking up as private citizens in support of the press’s freedom to cover military operations, its need to reach all servicepersons, and in retaliation for their publication of a news report on deteriorating conditions aboard the U.S.S. Abraham Lincoln during its extended tour of duty in the Mid-East.”

The suit also challenges the Pentagon’s January move to repeal the regulations that had long safeguarded Stars and Stripes’ editorial independence. Although the publication receives partial funding from the Department of Defense, it has operated for decades as an independent newsroom covering military affairs. In January, however, the agency announced plans to “modernize” the outlet and “refocus its content away from woke distractions,” the same day it moved to strip away the protective rules.

This is not an isolated legal challenge. Ombudsman Jacqueline Smith filed her own First Amendment complaint in June after being forced out of the publication. Two advisory-board members also sued the Pentagon that same month, accusing the department of illegal censorship tied to its “modernization” agenda. The fired Stars and Stripes staff argue their departures additionally violated internal Defense Department procedures: they “committed no misconduct, and even if they had, the notices and proposed terminations do not comport with required procedures.”

What Led to the Terminations

According to the complaint, the trigger was an eight-minute segment that aired on “CBS Sunday Morning” on July 5, featuring remarks by Slavin and Korte about changes to the publication’s independence. The Pentagon, the lawsuit says, recognized the comments as personal opinions and took no immediate action despite its displeasure. The situation escalated on August 12 — one day after Stars and Stripes broke the Lincoln conditions story — when the department ordered Lederer to deliver Notices of Separation to Slavin and Korte, citing their CBS appearances as grounds for termination.

Lederer did not carry out the order. A week later he announced his own retirement, effective September 30, explaining in a memo to staffers that his “philosophy of leadership, and my understanding of the value and mission of Stars and Stripes, differ in fundamental ways from the direction the leadership of the Department of Defense has for the organization.” Three days after that announcement, however, the Pentagon pushed him out ahead of his planned departure date. Slavin and Korte were likewise terminated, with the agency pointing to their media statements as justification. The Pentagon declined to comment on the lawsuit.

Frequently Asked Questions

Why did fired Stars and Stripes staff file suit against the Pentagon?

The three former staffers allege the Department of Defense violated their First Amendment rights by firing them over personal opinions expressed on a television program and by retaliating against a news report on the USS Abraham Lincoln. They also contend the terminations did not follow required internal procedures.

What is Stars and Stripes’ relationship to the Pentagon?

Stars and Stripes receives partial funding from the Department of Defense but has historically operated with editorial independence, covering military news the way a commercial newspaper would. In January the Pentagon announced a “modernization” plan and moved to repeal the regulations that had protected that independence.

What relief are the plaintiffs seeking?

The complaint asks a court to issue a temporary restraining order and grant permanent injunctive relief before the plaintiffs’ contracts terminate. It also requests that the repeal of the Stripes editorial-independence regulations be declared unlawful.

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