Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Stars and Stripes journalists sue Defense Department officials over proposed terminations, (Aug 31, 2026)

By Patricia K. Ruiz, J.D.

The complaint alleges retaliation tied to media comments and reporting on aircraft carrier conditions.

Three Stars and Stripes journalists have sued the U.S. Department of Defense and senior defense officials in the U.S. District Court for the District of Columbia, alleging that their proposed terminations violate the First Amendment and federal administrative law. The plaintiffs contend they were targeted for comments defending the editorial independence of the military newspaper and, in part, for the publication of a report about conditions aboard the USS Abraham Lincoln. The lawsuit seeks declaratory and injunctive relief to prevent the terminations and to challenge recent Defense Department actions affecting Stars and Stripes.

The lawsuit. Plaintiffs Erik A. Slavin, editor-in-chief of Stars and Stripes; Lara S. Korte, a reporter and photographer based in Germany; and Max D. Lederer, Jr., the publication's publisher, filed a complaint on August 27, 2026, against R. Sean Parnell, assistant to the secretary of defense for public affairs; Andrew Brey, principal deputy assistant to the secretary of defense for public affairs; Peter B. Hegseth, secretary of defense; and the U.S. Department of Defense. The complaint alleges violations of the First Amendment and the Administrative Procedure Act (APA) and seeks temporary, preliminary and permanent injunctive relief. According to the filing, the plaintiffs are employees of a nonappropriated fund instrumentality and therefore are not covered by the Civil Service Reform Act.

Dispute over CBS interview. The complaint centers in part on comments made by Slavin and Korte during a CBS Sunday Morning segment broadcast July 5, 2026, concerning changes to the Defense Department's oversight of Stars and Stripes. According to the complaint, Korte stated that she worked for Stars and Stripes rather than for the Pentagon, an administration, or a policymaker, and that she was there to cover the military community. The complaint states that Slavin said a "redline" would be being told not to run an accurate story and instead publish one written by the Pentagon, and that independent news for service members was essential to the publication's mission. The lawsuit alleges that both journalists obtained supervisory approval for their interviews, spoke in their personal capacities, and expressed personal opinions concerning editorial independence.

Report on USS Abraham Lincoln. The complaint alleges that tensions escalated after Stars and Stripes published an August 11, 2026, article reporting on conditions aboard the USS Abraham Lincoln, including food and water shortages, disrupted mail service, extended work hours, and concerns about sailors' physical and mental health. According to the filing, the day after publication of that article, Brey directed Lederer to present notices of separation to Slavin and Korte. The lawsuit alleges that Lederer sought clarification regarding the proposed disciplinary action but did not receive answers to his questions.

Publisher's retirement, proposed separations. The complaint states that Lederer decided to retire rather than deliver the notices to Slavin and Korte. It alleges that he informed defense officials he was not comfortable with the legal basis and rationale for the proposed separations and believed his understanding of the publication's mission differed from the direction sought by department leadership.

On August 21, 2026, the defendants allegedly issued notices of proposed separation to all three plaintiffs. According to the complaint, each notice charged the employee with insubordination and violations of administrative regulations and provided five business days to respond. The complaint alleges that Slavin and Korte were charged based on their statements to CBS, while Lederer was charged for refusing to deliver the separation notices and for comments he later made regarding his retirement and concerns about changes at Stars and Stripes.

Claims regarding editorial independence. A substantial portion of the complaint focuses on what it describes as the longstanding editorial independence of Stars and Stripes. The filing recounts the publication's history, references prior regulations governing the newspaper, and alleges that Congress and Defense Department leadership historically supported protections against military censorship and command influence.

The plaintiffs challenge a January 2026 repeal of regulations governing Stars and Stripes, a March 2026 memorandum that imposed new oversight measures, and an August 2026 version of Department of Defense Instruction 5122.11. The complaint alleges those actions unlawfully restricted newsroom operations and editorial activity while purporting to preserve editorial independence.

First Amendment allegations. The plaintiffs allege their statements to the media constituted protected speech on matters of public concern and that the proposed terminations were retaliatory. The complaint further alleges that the defendants targeted speech based on content and viewpoint and sought to punish journalists for expressing views regarding editorial independence and for publishing reporting critical of the Defense Department. The filing contends that the publication itself, along with its publisher and editor-in-chief, engaged in protected press activity by publishing the Abraham Lincoln article.

APA claims. In addition to constitutional claims, the plaintiffs allege the proposed terminations violate Defense Department personnel rules and the APA. The complaint asserts that disciplinary action was not initiated within required time periods, that progressive discipline was not used, that mandatory procedures were not followed and that employees were improperly given only five business days rather than 30 days to respond. The plaintiffs also challenge the repeal of prior Stars and Stripes regulations and subsequent guidance, alleging those actions required notice-and-comment rulemaking and were arbitrary and capricious.

Relief sought. The plaintiffs ask the court to declare the notices of proposed separation and anticipated terminations unlawful, enjoin any terminations, and, if any terminations occur before the case is resolved, order reinstatement with back pay. They also seek to have the court set aside or enjoin the challenged regulatory and policy changes affecting Stars and Stripes.

The case is No. 1:26-cv-03009.

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