Journalists at the government-funded newspaper Stars and Stripes have received a one-week reprieve from planned firings, with the Pentagon agreeing not to proceed with terminations before September 4. A hearing is scheduled for that date to discuss an injunction.
The case raises significant questions about First Amendment protections for journalists working for government-funded publications and the extent to which they can criticize their employer without facing professional repercussions.
Journalists at the U.S. military newspaper Stars and Stripes have been granted a one-week reprieve from planned firings. The Pentagon has agreed not to proceed with the terminations before September 4, the same date set for a hearing on an injunction that would prevent the firings while litigation continues.
During a hurried briefing, Assistant U.S. Attorney Brett Covington argued that the journalists, including Korte and Slavin, were criticizing their employer, which he contended was not protected speech under the First Amendment. Covington also noted that an X post by Korte, a former POLITICO reporter, about the planned firings garnered over 4 million views, suggesting their speech was not being unduly silenced.
However, Judge McFadden expressed skepticism regarding the government's argument that the threat of termination did not infringe on the journalists' First Amendment rights. He also noted the complexity of the case and the limited time he had to consider the arguments. Democracy Defenders Fund lawyer Taryn Wilgus Null also weighed in, stating that the nature of the newspaper did not automatically make its content government speech.
McFadden urged the government to agree to a longer status quo to allow for more detailed arguments, and after a recess, Covington confirmed the Pentagon's agreement not to fire the journalists before September 4.