Judge denies injunction, allows Stars and Stripes case to proceed to discovery

A federal judge in Washington dismissed a request for a preliminary injunction by Stars and Stripes reporters who received termination notices from the Pentagon on March 12. The reporters, who cover defense and national security, argued that the notices violated their First Amendment rights and threatened their ability to report on matters of public interest. The judge ruled that the case could not move forward before a full hearing.

The Pentagon said the notices were issued because the reporters had accessed classified information that could jeopardize national security. Critics say the action is a “bait‑and‑switch” that silences coverage of alleged misconduct within the defense department. The case follows a wave of disputes over the Department of Defense’s press restrictions, including a 2022 decision that upheld the agency’s authority to limit journalists’ access to certain briefings.

Judge Emily S. Smith said the reporters could not demonstrate a likelihood of success at the preliminary‑injunction stage. She noted that the Pentagon had not yet produced the evidence it claims supports the notices, and the reporters had not shown that the agency’s actions would cause irreparable harm. The judge also said that a full discovery phase could uncover facts that might change the balance of the case, and she urged the parties to proceed with discovery before any further motions.

The judge’s decision means the reporters must wait until the discovery process is complete before they can seek court protection. The American Civil Liberties Union and the Reporters Committee for Freedom of the Press have issued statements urging the court to reconsider the Pentagon’s claims. The outcome will be closely watched by journalists and policymakers, as it could set a precedent for how the Department of Defense treats media coverage of its operations.