A region of the United States saw its court rule against three journalists from “Stars and Stripes” on September 4th, denying their motion to block the Department of Defense (DOD) from terminating their employment. The DOD had accused them of insubordination and violating regulations.
The plaintiffs argued that the DOD’s decision to terminate them “violated their First Amendment rights as citizens to speak on matters of public concern.” However, U.S. District Court for the District of Columbia Judge Trevor N. McFadden ruled that there are “certain limits” when this right applies to government employees.
Judge McFadden stated, “When government employees speak in their official capacities, their speech is government speech and the First Amendment does not apply.”
He also noted that the plaintiffs failed to demonstrate any “irreparable harm.”
On August 27th, three reporters from “Stars and Stripes” – Max D. Lederer, Erik A. Slavin, and Lara S. Korte – filed the lawsuit against the DOD and several officials.
On July 5th, Korte and Slavin participated in an interview with CBS News. The program discussed the DOD’s regulations adjustments towards “Stars and Stripes” and its impact on the newspaper’s independence.
Korte expressed concerns that her reporting work could be limited, stating, “I work for ‘Stars and Stripes’… not for the Department of Defense, not for any administration, not for any policymakers. I’m here to cover the military community.”
Slavin also mentioned that he wouldn’t comply if the DOD requested inaccuracies in reporting.
According to the lawsuit documents, on August 11th, “Stars and Stripes” published a report on the deteriorating conditions on the USS Abraham Lincoln aircraft carrier. The carrier had extended its deployment during the U.S. conflict with Iran.
The lawsuit mentioned that on August 12th, the day after the report was published, Lederer was instructed to deliver termination notices to Slavin and Korte, citing insubordination from the July 5th interview.
However, Lederer did not deliver the notice and instead announced his retirement.
The filings further highlighted that on August 18th, Lederer expressed concerns about the direction of “Stars and Stripes” in an interview with the newspaper.
The Reporters Committee for Freedom of the Press, an organization providing legal services to news institutions and journalists, stated in a declaration on September 4th that the court should halt the termination of these three employees by the DOD.
The organization said, “The government’s conduct in this case poses a threat to the independence of this news organization that has long provided relevant reporting for the American military community.”
The lawsuit documents revealed that on August 21st, the DOD issued termination notices to the three plaintiffs, accusing them of insubordination and violations of DOD regulations.
The filings stated, “The defendants are attempting to terminate the plaintiffs because they publicly expressed personal opinions on how ‘Stars and Stripes’ operates as citizens and because the defendants were unhappy about the report concerning the USS Abraham Lincoln. This termination infringes on the plaintiffs’ First Amendment rights.”
The U.S. Central Command (CENTCOM) previously accused media reports regarding the USS Abraham Lincoln of being inaccurate, including a report claiming multiple sailors died in onboard brawls. CENTCOM emphasized, “There were no military deaths on that aircraft carrier.”
In the ruling of the case, the judge denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction.
The judge determined that the plaintiffs failed to prove their participation in the CBS News interview was as private citizens.
Regarding Lederer, the judge noted that his “actions of not following orders from superiors are not protected by the First Amendment.”
“The Epoch Times” has reached out to the legal representatives of Slavin, Korte, and Lederer for comments, but has yet to receive a response at the time of publication.
The USS Abraham Lincoln aircraft carrier arrived in Thailand this week after being on mission at sea for 286 days. Approximately 5,000 sailors and Marines on board were allowed to set foot on land for the first time since November last year.
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