A federal judge has ruled that the Pentagon cannot punish Senator Mark Kelly, a retired Navy captain, for appearing in a military video that encouraged troops to refuse unlawful orders. The decision underscores protections for free speech among military retirees and halts any attempt to strip Kelly of rank or pay while his case moves through court.
Judge Rules in Favor of Kelly on Free Speech Grounds
U.S. District Judge Richard Leon, a George W. Bush appointee, blocked the Pentagon from demoting Kelly or cutting his retired military pay. He said the Pentagon violated Kelly’s First Amendment rights when it censured him in January. Leon wrote that the government’s actions “threatened the constitutional liberties of millions of military retirees” and that retirees deserve respect for contributing to public debate.
Kelly filed a lawsuit against Defense Secretary Pete Hegseth, the Department of Defense and Navy officials after he received a censure letter on Jan. 5. The judge’s order prevents any punitive steps while the lawsuit continues.
Background on the Controversial Video
The dispute stems from a 90-second video posted last year by Sen. Elissa Slotkin’s social media account. Kelly and five other lawmakers, many of whom are veterans, appeared in the clip urging service members to uphold the Constitution and resist illegal commands.
The Trump administration, including Hegseth, called the remarks sedition and opened a review that could have reduced Kelly’s retired rank of captain and retirement benefits. Former President Donald Trump also weighed in on social media, repeating that claim.
Judge Hits Back at Government Arguments
In his ruling, Leon said Kelly is “likely to succeed” on his free speech claim and showed he was harmed by the Pentagon’s censure. The judge wrote that retired service members have long contributed important insight to national discussions and that restricting their speech weakens public debate.
The judge noted that restrictions on speech for active duty troops do not apply in the same way to retired personnel like Kelly. As a result, he protected Kelly’s right to speak without fear of government punishment.
Kelly Responds After Ruling
After the decision, Kelly said it sent a broader message to all retired veterans that they won’t be punished for speaking out. He also cautioned that the legal fight may continue, as the administration plans to appeal the ruling.
