Senator Mark Kelly Challenges Pentagon’s Censure Over Free Speech Rights
Senator Mark Kelly, a Democrat representing Arizona, has filed a lawsuit against the Pentagon, claiming that the Trump administration violated his First Amendment rights. The lawsuit, submitted on Monday, seeks to prevent punitive measures against Kelly for his statements urging military personnel to resist unlawful orders.
Kelly, a retired U.S. Navy pilot, is contesting the censure issued by Defense Secretary Pete Hegseth. The censure, which was implemented on January 5, was described by Hegseth as a preliminary step that could lead to Kelly’s demotion from his retired rank of captain and a reduction in retirement benefits.
In the lawsuit filed in Washington, D.C., Kelly argues that the censure and any associated proceedings against him are both “unlawful and unconstitutional.” The legal document states, “The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech.”
Judge Leon of the U.S. District Court, appointed by former President George W. Bush, has scheduled a hearing for Thursday to consider Kelly’s request for a temporary restraining order.
The case arises from a video released in November featuring Kelly and five other Democratic lawmakers, veterans of military and intelligence services, encouraging troops to adhere to constitutional principles and ignore illegal directives. This video, initially shared on Senator Elissa Slotkin’s social media, included appearances by Reps. Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan.
Following the video’s release, then-President Donald Trump accused the lawmakers of sedition on social media, calling it a capital offense. Despite this, Kelly and his colleagues have maintained their stance.
The Pentagon’s investigation into Kelly commenced in late November under a federal law that permits the recall of retired service members for potential court-martial. Of the lawmakers involved, Kelly is the only one being investigated, as he is the sole retiree still under Pentagon jurisdiction.
Named defendants in the lawsuit include Hegseth, the Department of Defense, Navy Secretary John Phelan, and the Navy. The Pentagon has acknowledged the lawsuit but refrained from commenting on ongoing legal matters.
In a statement, Kelly emphasized his commitment to defending the rights of Americans, criticizing Hegseth for allegedly trying to silence dissent among veterans by threatening their rank and pay. “That’s not the way things work in the United States of America, and I won’t stand for it,” Kelly declared.
