Stars and Stripes Publisher: Lawsuit Moves Forward After Injunction Denied

The former publisher of Stars and Stripes says the newspaper’s staffers will press ahead with their lawsuit after a federal judge declined to block the Pentagon from firing three journalists. The decision, the Pentagon’s top spokesman said, reflects established Supreme Court precedent on government speech.

Background: Max Lederer — a longtime employee of the Defense Department-funded paper — told MS NOW’s Jacob Soboroff that the denied preliminary injunction is only “the first step in the process.” He emphasized that the ruling “doesn't eliminate our basic suit” and that the legal challenge will continue.

U.S. District Judge Trevor N. McFadden on Friday refused to enjoin the Pentagon from moving forward with proposed separations for Lederer, editor-in-chief Erik Slavin, and reporter Lara Korte. McFadden concluded the three were unlikely to succeed on their First Amendment claim because the statements at issue were made in their capacities as government employees rather than as private citizens.

R. Sean Parnell, assistant to the secretary of defense for public affairs and the lead named defendant in the lawsuit, said the ruling “applied settled Supreme Court law: public employees do not receive First Amendment protection when they speak with the government's voice.” Parnell noted the record showed the interviews were arranged with supervisor involvement, occurred at Stars and Stripes workplaces, and identified the speakers by their official titles while discussing the paper they run.

Slavin and Korte appeared in a CBS Sunday Morning segment that aired July 5 examining pressure on the paper’s editorial independence. Both journalists say they cleared their participation with supervisors and were interviewed at their offices. Lederer did not appear in that television segment; he was later ordered to deliver separation notices to his two colleagues, refused, announced his retirement, and gave an interview to Stars and Stripes criticizing the Pentagon’s plans for the publication.

All three received notices of proposed separation last month and filed suit on Aug. 27. Judge McFadden left open the possibility that discovery could strengthen the plaintiffs’ case and declined to resolve broadly whether government-employed journalists enjoy special First Amendment protection — saying any such exception would likely not cover interviews given to another news outlet.

Separate Legal Fight: The Defense Department repealed regulations that had guaranteed Stars and Stripes’ editorial independence in January. That repeal is the subject of a separate legal challenge.

Reporting note: This account is based on court filings and public statements from the parties involved.