Judge denies immediate rehiring for Stars and Stripes ombudsman who criticized Pentagon over comic strips, says First Amendment issues abound in blow to Trump admin

Defense Secretary Pete Hegseth sits during a gathering with Australia's Deputy Prime Minister and Minister of Defence Richard Marles astatine the Pentagon, Wednesday, Sept. 2, 2026, successful Washington (AP Photo/Mark Schiefelbein).

The Trump administration secured a constricted triumph successful national tribunal this week arsenic a justice successful Washington, D.C., declined to instantly reinstate Stars and Stripes ombudsman Jacqueline Smith.

That triumph was alloyed by the tribunal besides declining a Department of Defense (DOD) petition to person the lawsuit instantly dismissed.

In the nine-page ruling, U.S. District Judge Amit Mehta, a Barack Obama appointee, recovered that Smith has truthful acold failed to amusement she is "likely to succeed" successful the lawsuit — portion citing a bevy of First Amendment issues that person yet to beryllium addressed arsenic a crushed to support the litigation alive.

In the underlying case, Smith alleges she was "wrongfully terminated" and "retaliated against" for publishing an sentiment file that "criticized" DOD officials "for their authoritative actions."

"Defendants terminated her for telling the nationalist the truth," the 18-page complaint filed successful precocious June reads. "That Defendants were moving to undermine Stripes' editorial independency arsenic portion of a broader effort to power and neuter the mainstream media's quality to study connected matters of nationalist information and nationalist interest."

Specifically, Smith's April 8 column, written successful her relation arsenic a media-audience intermediary, harnessed the voices of readers who were upset aft the DOD issued a directive that "prohibited" Stars and Stripes from continuing to people colour comics. In broader terms, Smith besides took the accidental to instrumentality the Pentagon to task for "attempting to restrict the mainstream media."

In precocious August, Smith filed a 39-page question for a preliminary injunction that included a lengthy statement astir the relevance of "time periods successful First Amendment retaliation cases."

To perceive the fired ombudsman archer it, erstwhile "an different commendable worker is fired wrong 2 weeks of speaking, determination is apt a causal relationship" betwixt their code and what would magnitude to the prohibited unit enactment taken by the government.

Here, 10 days aft Smith's file was published, "she was notified that her employment would beryllium terminated galore months earlier the extremity of her term," according to the lawsuit.

In the latest order, the tribunal sidesteps those temporal concerns but points to different cardinal state of code issues.

More Law&Crime coverage: Judge rapidly turns down 'complaint' astir Pentagon's 'cruel bait-and-switch,' floats anticipation that 'discovery' volition alteration the crippled successful firing case

The Trump administration, for its part, argued successful a six-page memorandum successful enactment of a question to disregard that the contented is simple.

The authorities claims it has the powerfulness to occurrence Smith due to the fact that "she spoke arsenic Ombudsman and pursuant to her authoritative duties erstwhile she wrote the April 8 file and truthful her code was worker code not protected by the First Amendment."

Not truthful fast, the justice cautioned. The tribunal explained that the model precocious by the DOD "is based connected a strict dichotomy betwixt code arsenic a nationalist worker and code arsenic a backstage citizen," and it is not wide where, exactly, Smith falls successful specified an analysis.

The sentiment elaborates:

If the plaintiff speaks successful an employment capacity, "the worker has nary First Amendment origin of enactment based connected his oregon her employer's absorption to the speech." If they talk arsenic a backstage national connected a substance of nationalist concern, however, "the anticipation of a First Amendment assertion arises." But what if the nationalist employee's occupation is to prosecute successful First Amendment expressive activities? Take a newsman astatine Stars and Stripes who writes a quality communicative that meets with disfavor among DoD leadership.

The logic of the existent authorities of lawsuit instrumentality would nutrient an result the territory justice is not comfy with, astatine slightest not astatine specified an aboriginal signifier successful the litigation without afloat briefing, helium noted.

"If [the government's tests from precedent] are strictly applied, the newsman acted pursuant to her authoritative responsibilities and truthful enjoys nary First Amendment extortion from an adverse employment action," the sentiment goes on. "That would beryllium an unusual result. It would mean the First Amendment is but a hollow committedness for Stars and Stripes journalists — and possibly its Ombudsman."

To that end, the tribunal gave the authorities 2 options: The DOD tin either renew its question to disregard by addressing a bid of further questions and cases that specifically interest government-employed journalists, oregon it tin record an answer.

Whatever procedural enactment the Trump medication chooses, it has until Oct. 20 to record its adjacent motion, the tribunal ordered.

The station Judge denies contiguous rehiring for Stars and Stripes ombudsman who criticized Pentagon implicit comic strips, says First Amendment issues abound successful stroke to Trump admin archetypal appeared connected Law & Crime.