Case: Slavin v. Parnell

1:26-cv-03009 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 27, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Department of Defense’s (DOD’s) proposed termination of three Stars and Stripes journalists, allegedly in retaliation for reporting on deteriorating conditions aboard the U.S.S. Abraham Lincoln and for making statements in support of the press’s freedom to cover military operations. On August 27, 2026, three employees of Stars and Stripes, a DOD-authorized news outlet that serves as an independent news source for the U.S. military community, filed this lawsuit in the Un…

This case challenges the Department of Defense’s (DOD’s) proposed termination of three Stars and Stripes journalists, allegedly in retaliation for reporting on deteriorating conditions aboard the U.S.S. Abraham Lincoln and for making statements in support of the press’s freedom to cover military operations.

On August 27, 2026, three employees of Stars and Stripes, a DOD-authorized news outlet that serves as an independent news source for the U.S. military community, filed this lawsuit in the United States District Court for the District of Columbia. The plaintiffs sued the DOD, the Secretary of Defense, and several other DOD officials. The plaintiffs are represented by the Government Accountability Project, Lawyers for Good Government, Media Freedom & Information Access Clinic at Yale Law School, and Democracy Defenders Fund. The court originally assigned this case to District Judge Christopher R. Cooper, who oversaw Dardarian v. Department of Defense, a lawsuit by Stars and Stripes subscribers against the DOD. However, on August 28, 2026, Judge Cooper concluded that the two cases were not related, and issued an order to reassign this case. This case was reassigned to District Judge Trevor N. McFadden.

According to the plaintiffs, in the months preceding this lawsuit, the DOD implemented policies aimed at curbing journalistic independence at Stars and Stripes. In August 2026, DOD officials expressed discontent with comments that the outlet’s publisher and one of its reporters made regarding the policies, which appeared in a July 2026 CBS Sunday Morning segment. On August 11, 2026, Stars and Stripes published a story about problems aboard the U.S.S. Abraham Lincoln, and the next day, a DOD official directed the Stars and Stripes publisher to present notices of separation to the outlet’s Editor-in-Chief and one of its reporters based on statements the latter employees made to CBS. The publisher chose to retire rather than to deliver the notices, and sent his notice of resignation to DOD officials on August 18, 2026. On August 21, 2026, the defendants sent notices of proposed separation to all three employees, charging each with insubordination and violation of administrative regulations. The notices indicated that the DOD proposed to separate the employees no earlier than five business days from their receipt of the notices.

The plaintiffs raised several claims under the First Amendment and the Administrative Procedure Act (APA). They alleged that the DOD violated the First Amendment by issuing notices of termination in retaliation for the plaintiffs' statements to CBS, and by implementing policies that imposed content- and viewpoint-based restrictions on what Stars and Stripes reported. The plaintiffs also raised APA challenges to both the terminations and the policies underlying them: they argued that the agency's actions were arbitrary and capricious, that DOD did not follow proper procedure, and that the DOD’s actions were inconsistent with First Amendment protections for speech and press. The plaintiffs sought declaratory relief, injunctive relief, and reinstatement with back pay if they were terminated before the case was resolved.

On August 27, 2026, the plaintiffs filed a motion for a temporary restraining order that would prohibit the DOD from proceeding with its threatened termination of the plaintiffs' employment. On August 28, 2026, the plaintiffs added a motion for preliminary injunction. Several non-parties filed amicus briefs on behalf of the plaintiffs.

On August 28, 2026, the court held a hearing on the plaintiffs’ motions for injunctive relief. On September 4, 2026, the court denied both of the plaintiffs’ motions, reasoning that the plaintiffs were unlikely to succeed on their First Amendment claim because they had spoken in their official capacities, rather than as private citizens.

As of September 2026, this case is ongoing.

Summary Authors

Emma Farrell (9/13/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74711301/parties/slavin-v-parnell/


Judge(s)
Attorney for Plaintiff

Becker, Harold Craig (District of Columbia)

Martin, Zsa'Queria (District of Columbia)

Mays, Tianna Jade (District of Columbia)

Attorney for Defendant

Covington, Brett S. (District of Columbia)

Expert/Monitor/Master/Other

Brown, Bruce D. (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-03009

Complaint for Declaratory and Injunctive Relief

Slavin et al. v. Parnell et al.

Aug. 27, 2026

Aug. 27, 2026

Complaint
22

1:26-cv-03009

Memorandum Order

Slavin et al. v. Parnell et al.

Sept. 4, 2026

Sept. 4, 2026

Order/Opinion

2026 WL 2620990

Docket

See docket on RECAP: https://www.courtlistener.com/docket/74711301/slavin-v-parnell/

Last updated Oct. 18, 2026, 3:11 a.m.

Docket for: SLAVIN v. PARNELL
ECF Number Date Description Link
1 Aug. 27, 2026

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12637916) filed by ERIK A. SLAVIN, MAX D. LEDERER, LARA S. KORTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Null, Taryn) (Entered: 08/27/2026)

1 Civil Cover Sheet

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2 Summons

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Clearinghouse
2 Aug. 27, 2026

MOTION for Temporary Restraining Order by LARA S. KORTE, MAX D. LEDERER, ERIK A. SLAVIN. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration)(Null, Taryn). Added MOTION for Preliminary Injunction on 8/28/2026 (znmw). (Entered: 08/27/2026)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Declaration

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4 Declaration

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5 Declaration

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6 Declaration

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RECAP
3 Aug. 27, 2026

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:26-cv-01965. (Null, Taryn) (Entered: 08/27/2026)

RECAP
4 Aug. 27, 2026

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by LARA S. KORTE, MAX D. LEDERER, ERIK A. SLAVIN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order)(Null, Taryn) (Entered: 08/27/2026)

RECAP
5 Aug. 27, 2026

NOTICE of Appearance by David Z. Seide on behalf of All Plaintiffs (Seide, David) (Entered: 08/27/2026)

RECAP
6 Aug. 27, 2026

NOTICE of Appearance by David A. Schulz on behalf of LARA S. KORTE, MAX D. LEDERER, ERIK A. SLAVIN (Schulz, David) (Entered: 08/27/2026)

RECAP
Aug. 27, 2026

Case Assigned/Reassigned

Aug. 27, 2026

Case Assigned to Judge Christopher R. Cooper. (zjd)

7 Aug. 28, 2026

NOTICE of Appearance by Tianna Jade Mays on behalf of All Plaintiffs (Mays, Tianna) (Entered: 08/28/2026)

RECAP
8 Aug. 28, 2026

NOTICE of Appearance by Lindsay Zimliki on behalf of All Plaintiffs (Zimliki, Lindsay) (Entered: 08/28/2026)

RECAP
9 Aug. 28, 2026

NOTICE of Appearance by Harold Craig Becker on behalf of All Plaintiffs (Becker, Harold) (Entered: 08/28/2026)

RECAP
10 Aug. 28, 2026

NOTICE of Appearance by Zsa'Queria Martin on behalf of All Plaintiffs (Martin, Zsa'Queria) (Entered: 08/28/2026)

RECAP
11 Aug. 28, 2026

NOTICE of Appearance by Brett S. Covington on behalf of All Defendants (Covington, Brett) (Entered: 08/28/2026)

RECAP
12 Aug. 28, 2026

Memorandum in opposition to re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ANDREW BREY, PETER B. HEGSETH, SEAN PARNELL, U.S. DEPARTMENT OF DEFENSE. (Pfaffenroth, Peter) (Entered: 08/28/2026)

RECAP
13 Aug. 28, 2026

DECLARATION of David O'Connor by ANDREW BREY, PETER B. HEGSETH, SEAN PARNELL, U.S. DEPARTMENT OF DEFENSE re 12 Memorandum in Opposition. (Pfaffenroth, Peter) (Entered: 08/28/2026)

RECAP
Aug. 28, 2026

Order Reassigning Case

Aug. 28, 2026

.Order AND ~Util - Set/Reset Hearings

Aug. 28, 2026

Motion Hearing AND ~Util - Set/Reset Deadlines/Hearings

Aug. 28, 2026

Case Assigned/Reassigned

Aug. 28, 2026

Order

Aug. 28, 2026

Minute Order: The Court hereby directs the Clerk's Office to randomly reassign this civil action. Having reviewed the complaints in Dardarian et al. v. Department of Defense et al., No. 26-cv-1965, and in this case, along with Plaintiffs' 2 Motion for Temporary Restraining Order and Permanent Injunction, and in consultation with the Chair of the Calendar Committee, the Court concludes that the two cases are not related under Local Civil Rule 40.5(a)(3), as designated by Plaintiffs. The former case, brought by non-employee plaintiffs, solely challenges DOD's March 2026 issuance of a policy memorandum regarding Stars and Stripes, along with the rescission of prior regulations, as both procedurally deficient and arbitrary and capricious under the Administrative Procedure Act. This case, by contrast, mainly challenges the termination of three employees in purported violation of the First Amendment and the APA. The TRO/PI motion, moreover, is grounded exclusively on Plaintiffs' First Amendment retaliation claim. While the complaint does include one count challenging the regulations at issue in Dardarian, that one overlapping issue appears tangential to the core factual and legal issues in this case surrounding Plaintiffs' termination. Signed by Judge Christopher R. Cooper on 08/28/2026. (lccrc3)

Aug. 28, 2026

Motion Hearing

Aug. 28, 2026

Case Randomly Reassigned to Judge Trevor N. McFadden. Judge Christopher R. Cooper is no longer assigned to the case. (zjd)

Aug. 28, 2026

MINUTE ORDER setting an in-person hearing on the 2 Motion for Temporary Restraining Order for 8/28/2026 at 4:30pm before Judge Trevor N. McFadden in Courtroom 2. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/28/2026. (lctnm3)

Aug. 28, 2026

Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 8/28/2026 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ERIK A. SLAVIN, MAX D. LEDERER, LARA S. KORTE. Defendants' opposition to the Preliminary Injunction due by 9/1/2026. Plaintiffs' reply due by 12:00 PM on 9/3/2026. Preliminary Injunction Hearing set for 9/4/2026 at 9:30 AM in Courtroom 2 before Judge Trevor N. McFadden. (Court Reporter: Lisa Edwards.) (hmc)

14 Sept. 1, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian C. Ward, Filing fee $ 100, receipt number ADCDC-12646572. Fee Status: Fee Paid. by LARA S. KORTE, MAX D. LEDERER, ERIK A. SLAVIN. (Attachments: # 1 Declaration, # 2 Exhibit)(Becker, Harold) (Entered: 09/01/2026)

RECAP
15 Sept. 1, 2026

RESPONSE re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ANDREW BREY, PETER B. HEGSETH, SEAN PARNELL, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration by David J. O'Connor, # 2 Exhibit 1 to Opposition, # 3 Exhibit 2 to Opposition, # 4 Exhibit 3 to Opposition, # 5 Exhibit 4 to Opposition, # 6 Exhibit 5 to Opposition, # 7 Exhibit 6 to Opposition, # 8 Exhibit 7 to Opposition, # 9 Text of Proposed Order)(Covington, Brett) (Entered: 09/01/2026)

1 Declaration by David J. O'Connor

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2 Exhibit 1 to Opposition

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3 Exhibit 2 to Opposition

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4 Exhibit 3 to Opposition

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5 Exhibit 4 to Opposition

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6 Exhibit 5 to Opposition

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7 Exhibit 6 to Opposition

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8 Exhibit 7 to Opposition

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9 Text of Proposed Order

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RECAP
Sept. 1, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 1, 2026

MINUTE ORDER granting 14 Motion for Leave to Appear Pro Hac Vice as to Brian C. Ward. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/1/2026. (lctnm3).

16 Sept. 2, 2026

NOTICE of Appearance by Brian Christopher Ward on behalf of All Plaintiffs (Ward, Brian) (Entered: 09/02/2026)

RECAP
17 Sept. 3, 2026

REPLY re 12 Memorandum in Opposition, 15 Response to motion,, filed by LARA S. KORTE, MAX D. LEDERER, ERIK A. SLAVIN. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Null, Taryn) (Entered: 09/03/2026)

1 Declaration

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2 Declaration

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3 Declaration

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RECAP
18 Sept. 3, 2026

MOTION for Leave to File Amicus Brief by REPORTERS WITHOUT BORDERS, INC.. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Schafer, Matthew) (Entered: 09/03/2026)

1 Proposed Amicus Brief

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2 Proposed Order

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RECAP
19 Sept. 3, 2026

Unopposed MOTION for Leave to File Amicus Brief by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Brown, Bruce) (Entered: 09/03/2026)

1 Proposed Amicus Brief

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2 Proposed Order

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RECAP
20 Sept. 3, 2026

AMICUS BRIEF by REPORTERS WITHOUT BORDERS, INC.. (mg) (Entered: 09/04/2026)

RECAP
21 Sept. 3, 2026

AMICUS BRIEF by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (mg) (Entered: 09/04/2026)

RECAP
Sept. 3, 2026

Order on Sealed Motion for Leave to File Document Under Seal

Sept. 3, 2026

MINUTE ORDER: Plaintiffs' 4 Sealed Motion for Leave to File Document Under Seal is GRANTED. Plaintiffs' addresses may be filed and maintained under seal pursuant to Local Civil Rule 5.1(h). SO ORDERED. Signed by Judge Trevor N. McFadden on 9/3/2026 (lctnm3).

Sept. 3, 2026

Order on Motion for Leave to File Amicus Brief

Sept. 3, 2026

MINUTE ORDER: The 18 Motion to for Leave to File Amicus Brief is GRANTED. The Clerk of Court is directed to docket ECF 18-1 as the Amicus Brief of Reporters Without Borders, Inc. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/3/2026 (lctnm3).

Sept. 3, 2026

MINUTE ORDER: The 19 Unopposed Motion for Leave to File Amicus Brief is GRANTED. The Clerk of Court is directed to docket ECF 19-1 as the Amicus Brief of Reporters Committee for Freedom of the Press. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/3/2026 (lctnm3). (Entered: 09/03/2026)

22 Sept. 4, 2026

MEMORANDUM ORDER denying Plaintiffs' 2 Motion for Temporary Restraining Order and Preliminary Injunction. See attached Memorandum Order for details. Signed by Judge Trevor N. McFadden on 9/4/2026 (lctnm3). (Entered: 09/04/2026)

Clearinghouse
Sept. 4, 2026

Minute Entry for proceedings held before Judge Trevor N. McFadden: Preliminary Injunction Hearing held on 9/4/2026. Matter taken under advisement. (Court Reporter: Lisa Edwards.) (hmc)

Sept. 4, 2026

Preliminary Injunction

23 Sept. 25, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexis Daniel, Filing fee $ 100, receipt number ADCDC-12700669. Fee Status: Fee Paid. by LARA S. KORTE, MAX D. LEDERER, ERIK A. SLAVIN. (Attachments: # 1 Declaration of Alexis Daniel, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Seide, David) (Entered: 09/25/2026)

RECAP
24 Sept. 25, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy Powell, Filing fee $ 100, receipt number ADCDC-12700695. Fee Status: Fee Paid. by LARA S. KORTE, MAX D. LEDERER, ERIK A. SLAVIN. (Attachments: # 1 Declaration of Amy Powell, # 2 Exhibit Cert. of Good Standing, # 3 Text of Proposed Order)(Seide, David) (Entered: 09/25/2026)

RECAP
Sept. 25, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 25, 2026

MINUTE ORDER granting 23 Motion for Leave to Appear Pro Hac Vice as to Alexis Daniel. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/25/2026. (lctnm3).

Sept. 25, 2026

MINUTE ORDER granting 24 Motion for Leave to Appear Pro Hac Vice as to Amy Powell. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/25/2026. (lctnm3).

Case Details

State / Territory:

District of Columbia

Case Type(s):

Speech and Religious Freedom

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Aug. 27, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Journalists employed by a DOD-authorized news outlet

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Defense

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

District of District of Columbia 1:26-cv-03009

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Retaliation

Recommended Citation