WASHINGTON, D.C.—Lawyers For Good Government, Democracy Defenders Fund, Government Accountability Project and the Yale School Media Freedom and Information Access Clinic today filed a federal lawsuit on behalf of Stars and Stripes publisher Max Lederer, editor-in-chief Erik Slavin and reporter Lara Korte seeking to stop the Department of Defense from firing them.
The complaint, filed in the U.S. District Court for the District of Columbia, alleges that Slavin and Korte have been charged with insubordination for speaking publicly in support of Stars and Stripes’ long-standing editorial independence when covering the Pentagon. Lederer has been charged with insubordination for speaking publicly about his personal concerns with the direction and leadership of Stars and Stripes, and for refusing to fire Slavin and Korte. The lawsuit alleges that the Pentagon’s actions violate the First Amendment and its own personnel rules and asks the court to issue an immediate temporary restraining order to block the terminations from going through.
Slavin and Korte are being fired merely for saying on the CBS Sunday Morning TV show that Stars and Stripes should remain independent of Pentagon and political influence. The firings were initiated the day after Stars and Stripes broke the story about the dire conditions on the USS Abraham Lincoln aircraft carrier.
After the CBS interview, the Pentagon’s concerns shifted from the substance of Stars and Stripes’ reporting to the loyalty of its leadership. A July performance review written by Pentagon spokesman Sean Parnell accused senior staff of “open rebellion” and said, “the most important element of the performance plan is the faithful administration of POTUS policies.” The lawsuit cites this language as evidence that political compliance was being demanded from an independent newsroom.
That pressure escalated after Stars and Stripes published critical reporting on conditions aboard the USS Abraham Lincoln on Aug. 11. The next day, Pentagon officials directed publisher Max Lederer to begin the process of firing Slavin and Korte over their earlier CBS comments. Lederer questioned the legal basis for the actions and refused to carry them out, setting up his own confrontation with Pentagon leadership. On Aug. 21, DoD issued proposed separation notices to all three plaintiffs.
“The Pentagon is trying to punish journalists for defending the established mission of Stars and Stripes,” said Taryn Wilgus Null, senior counsel at Democracy Defenders Fund. “We are asking the court to stop these unconstitutional terminations. Service members and their families need reporting that is independent of the officials it covers and is unafraid to criticize them when they deserve it.”
“These retaliatory firings at Stars and Stripes are precisely why these First Amendment protections matter. The government cannot preserve an independent press while punishing the people who insist that its independence is paramount to a functioning democracy,” said Amy Powell, litigation director, Lawyers for Good Government. “We are proud to stand with these employees in defending their rights and the principle that government officials cannot use their power over federal workers to silence protected speech.”
“Enough is enough,” said David Seide, of counsel, Government Accountability Project. “It’s a sad day when independent journalists are punished just for saying they are not tools to promote government propaganda. Our lawsuit seeks to right that wrong.”
“The Defense Department’s move to control Stars and Stripes is in step with its move against the Pentagon Press Corps,” said David Schulz, director of the Media Freedom & Information Access Clinic at Yale Law School. “This Administration does not want an effective or independent press. Its crackdown means the public today has less information about our military’s plans, purposes, actions, or accomplishments than at any point in modern history, even as active combat operations are being pursued in multiple arenas across the globe.”
# # #
Lawyers for Good Government (L4GG) is a nonprofit organization that harnesses the power of 125,000 lawyers, law students, and advocates in the fight for justice. We identify where lawyers can make the greatest impact and mobilize them to defend democracy and the rule of law, protect civil and human rights, and advance environmental justice through coordinated legal action and advocacy efforts that create meaningful change for all Americans. lawyersforgoodgovernment.org