A federal judge on Friday refused to stop the Pentagon from firing three employees of Stars and Stripes, the military's independent newspaper, ruling that the employees were unlikely to prove their dismissals violated the First Amendment. The decision came hours after a court hearing that focused on whether two of the employees were acting in their official roles when they gave interviews to CBS Sunday Morning about the newspaper's editorial direction. In a 24-page ruling, Judge Trevor McFadden said the case was still in its early stages but noted that the employees had not yet shown they would succeed in their legal claims or that they would suffer irreparable harm if the firings continued. The judge wrote that the employees' statements appeared to be part of their official duties, not private speech, and therefore unlikely to be protected under the First Amendment. The three employees—publisher Max Lederer, Editor-in-Chief Erik Slavin, and reporter Lara Korte—were fired in August for alleged insubordination and violations of regulations, according to court documents. They filed a lawsuit last week, alleging that the Department of Defense was retaliating against them for speaking publicly about concerns over the newspaper's editorial independence under current Pentagon leadership. Their legal team, representing them through the Democracy Defenders Fund, said they were considering their next steps after the judge's ruling. Senior counsel Taryn Wilgus Null said the team was disappointed but expected to win after gathering more evidence and facts. The three were given separation notices on August 21. The Pentagon had agreed to delay the firings until at least Friday, pending the court's decision. According to court documents, Slavin and Korte were dismissed for insubordination and violations of regulations based on their comments to CBS, while Lederer was fired for refusing to deliver their separation notices, among other reasons. Lederer had announced his retirement on August 19, before his termination, and had planned to step down in early September. During the hearing, Null argued that Slavin and Korte were speaking on "matters of public concern" from a "proverbial soap box" and were not acting as representatives of the newspaper. However, Judge McFadden expressed skepticism, noting that the editor-in-chief regularly gives interviews and questioning whether that made him a "de-facto" spokesperson for the paper. The judge concluded that the employees' statements were not related to stories or editorials they produced, but instead were made to another media outlet, making them appear as spokespersons or sources for that organization. The judge also dismissed claims that negative coverage of the USS Lincoln’s deployment in the Middle East influenced the firings, with the Justice Department stating the decision was made before the article was published.