Sen. Mark Kelly's Injunction Against Pete Hegseth Is A Victory For Free Speech
When a judge slapped an injunction on Defense Sec. Pete Hegseth stopping him from punishing Sen. Mark Kelly (D-AZ) for participating in a video, it was a victory for free speech.
One of the consistent undertones of the second Trump administration is an unrelenting attack on free speech.
The First Amendment has been under assault from this administration as they have attempted various methods of punishment toward everyone, from late-night comedians (Jimmy Kimmel) to members of the House and Senate.
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When six members of Congress appeared in a video reminding service members that they can refuse to obey unlawful orders, and that their duty is to the Constitution, not any one president, the Trump administration tried and failed to criminally indict Sen. Elissa Slotkin, Sen. Mark Kelly, Rep. Jason Crow, Rep. Chris Deluzio, Rep. Maggie Goodlander, and Rep. Chrissy Houlihan.
Because he is a retired naval officer, Sen. Kelly was censured by Secretary of Defense Pete Hegseth, who also began proceedings to reduce Kelly’s rank and retirement pay, and threatened Kelly with criminal prosecution.
Sen. Kelly responded by suing Hegseth for retaliating against his First Amendment rights.
Federal Judge Richard J. Leon heard the case. Leon granted Kelly’s preliminary injunction against Hegseth, but importantly wrote about the First Amendment:
Secretary Hegseth relies on the well-established doctrine that military servicemembers enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces.
Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military. This Court will not be the first to do so!
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