Federal Judge Cites Limits Of First Amendment In Allowing Stars And Stripes Firings To Proceed
U.S. District Judge Trevor McFadden denied a request on Friday, September 4, 2026, to block the Pentagon from firing three Stars and Stripes journalists in Washington, D.C.[1]
McFadden refused to grant a temporary restraining order or a preliminary injunction for editor-in-chief Erik Slavin, reporter Lara Korte and publisher Max Lederer.[2] He wrote that on the "relatively bare record" the plaintiffs had not shown they spoke as private citizens and had given "pre-approved interviews on their paper's behalf" that "largely toed the company line." MS NOW
Publisher Max Lederer had refused a directive to deliver notices of proposed separation to Slavin and Korte, an action that the court noted as part of the factual dispute.[2] An amicus brief from the Reporters Committee for Freedom of the Press said the administration earlier in 2026 rescinded regulations that had enshrined Stars and Stripes' editorial independence and announced plans to take editorial control.[2]
McFadden called the plaintiffs' claim a "cruel bait-and-switch" but said "whatever else such a scheme may violate, it does not clearly offend the First Amendment." MS NOW The ruling lets the Pentagon proceed with the separations while the underlying lawsuit continues.[1]
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📌 Key Facts
- On Friday, September 4, 2026, U.S. District Judge Trevor McFadden in Washington, D.C., denied Stars and Stripes editor-in-chief Erik Slavin, reporter Lara Korte and publisher Max Lederer a temporary restraining order and preliminary injunction to block their firings.
- McFadden wrote that on the 'relatively bare record' the plaintiffs had not shown they likely spoke as private citizens and instead appeared to have given 'pre-approved interviews on their paper's behalf' in which they 'largely toed the company line.'
- The judge described their claim as essentially alleging a 'cruel bait-and-switch' but concluded that 'whatever else such a scheme may violate, it does not clearly offend the First Amendment.'
- Publisher Max Lederer had refused a directive to deliver notices of proposed separation to Slavin and Korte, an action the court noted as part of the factual basis of the dispute.
- An amicus brief from the Reporters Committee for Freedom of the Press noted that earlier in 2026 the Trump administration rescinded regulations that had enshrined Stars and Stripes' editorial independence and announced its intent to take editorial control of the outlet.
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- On Friday, September 4, 2026, U.S. District Judge Trevor McFadden in Washington, D.C., denied Stars and Stripes editor-in-chief Erik Slavin, reporter Lara Korte and publisher Max Lederer a temporary restraining order and preliminary injunction to block their firings.
- McFadden wrote that on the 'relatively bare record' the plaintiffs had not shown they likely spoke as private citizens and instead appeared to have given 'pre-approved interviews on their paper's behalf' in which they 'largely toed the company line.'
- The judge described their claim as essentially alleging a 'cruel bait-and-switch' but concluded that 'whatever else such a scheme may violate, it does not clearly offend the First Amendment.'
- Publisher Max Lederer had refused a directive to deliver notices of proposed separation to Slavin and Korte, an action that is part of the factual basis of the dispute.
- An amicus brief from the Reporters Committee for Freedom of the Press noted that earlier in 2026 the Trump administration rescinded regulations that had enshrined Stars and Stripes' editorial independence and announced its intent to take editorial control of the outlet.