Court Rules Pentagon Can Fire Stars And Stripes Journalists

Authored by Naveen Athrappully via The Epoch Times,

A district court denied a motion from three Stars and Stripes journalists that sought to block the Department of War from firing them.

The Pentagon in Arlington, Va., in a file photo. Carolyn Kaster/AP

While plaintiffs argue that the terminations "violate their First Amendment rights to communicate as citizens on matters of public concern," such rights have "some limitations" when applied to people employed in public service, Judge Trevor N. McFadden, from the U.S. District Court for the District of Columbia, said in the Sept. 4 order.

"When government employees provide public commentary in their official capacity, their speech is government speech, and the First Amendment does not apply," the judge said, adding that the plaintiffs have not demonstrated any "irreparable harm."

The journalists - Max D. Lederer, Erik A. Slavin, and Lara S. Korte - filed their lawsuit on Aug. 27.

On July 5, Korte and Slavin gave interviews to CBS News. The program discussed changes to Pentagon regulations governing Stars and Stripes and their impact on its independence.

Korte said that restrictions may come on her reporting. "I'm working for Stars and Stripes ... not for the Pentagon, not for any administration, not for any policymaker. I'm here to cover the military community," she said.

Meanwhile, Slavin said he would not comply if the Pentagon requested depictions of the story that were inaccurate.