According to CNN, on September 4th, a U.S. federal judge ruled that the Pentagon has the authority to dismiss three journalists from The Star Tribune. These three journalists alleged that the Department of Defense retaliated against them for reporting about the poor conditions on the USS Lincoln, and they were fired simply on the grounds of 'disobedience'.
The ruling states that the court believes that the government has most likely not violated the individual freedom of speech of these three journalists, which is protected by the First Amendment of the U.S. Constitution. Reports indicate that the U.S. military has been trying to deprive this newspaper of its editorial independence, and this judgment represents another major blow to press freedom within the U.S. military.
On August 28, Slaven, editor-in-chief of The Star and Flag, and Redler, publisher, along with Middle Eastern journalist Cottle, filed lawsuits against the Pentagon and several high-ranking officials. The defendants include U.S. Secretary of Defense Hagel, Senior Spokesperson Panier, and Deputy Assistant to the Secretary of Defense for Public Affairs Brea.
They claimed that they were illegally dismissed by the US military a week ago, and that the US military retaliated against them for expressing personal opinions protected by the First Amendment. Therefore, they filed a lawsuit.
The complaint shows that on July 5th, during an episode of a CBS program, Slaven and Corte discussed the impact on the editorial independence of The Star-Sentinel, and the Pentagon was extremely dissatisfied with this.
The complaint also states that after the Star Flag newspaper reported on the difficult conditions aboard the USS Lincoln, the Pentagon ordered Reidler to dismiss Slaven and Corte. However, Reidler refused to comply, and later announced his intention to retire.
The judge of the Federal District Court, McFadden, wrote in her ruling that Slaven and Corte “had previously applied for and obtained permission before making such statements.” “The pleadings submitted by the plaintiff, as well as the content of CBS’s program, indicate that the two individuals made their statements in the course of performing their official duties, and not as ordinary citizens.”
Therefore, the possibility of their success on appeal related to the First Amendment is low, and they have failed to prove that they suffered irreparable harm. Judge McFaul wrote this. This judge was appointed by President Trump of the United States in 2017.
Regarding the Riedler case, McFadden stated: "Refusing to execute instructions given by superiors is not protected by the First Amendment."
Part of the funding comes from the Department of Defense. The Star Tribune has maintained editorial independence for decades. In January of this year, Pentagon Spokesperson Petrine issued a statement saying that the Department of Defense wants to modernize this military newspaper, so that its coverage will no longer be distracted by issues related to awakening ideologies.
Similarly in January, the Pentagon initiated procedures with the intention to repeal the regulations governing The Star-Ledger's independence as a media outlet.
This lawsuit is the third complaint between The Star and Flag newspaper and the Department of Defense this year. In June, the newspaper’s monitor, Smith, sued the Department of Defense, alleging that her forced resignation violated the First Amendment. In the same month, two members of the newspaper’s advisory committee also sued the Pentagon over “modernization” reforms, claiming that the Pentagon engaged in illegal surveillance.
