Arizona Senator Mark Kelly Takes On Pentagon and Hegseth in Landmark First Amendment Lawsuit
Senator Mark Kelly has filed a lawsuit against Defense Secretary Pete Hegseth and the Pentagon, claiming that being censured for his actions as part of a video aimed at reminding military personnel of their right to refuse unlawful orders is an unconstitutional attempt by the government to silence him.
The lawsuit was filed in Washington D.C. on Monday, just days after Kelly received a letter from Hegseth announcing plans to demote him and reduce his pension if he did not stop speaking out on matters of public policy. Kelly has accused Hegseth's actions as "unlawful and unconstitutional", arguing that the government cannot punish disfavored expression or retaliate against protected speech.
Kelly, along with several other lawmakers, had released a video in November discussing their right to refuse orders if they deemed them unlawful. The move came amid controversy over alleged breaches of international law by the Trump administration's airstrikes on suspected drug boats in the Caribbean.
Trump had even gone so far as to suggest that Kelly and his fellow lawmakers might be committing sedition, a capital offense, and had written on Truth Social that their words could not "be allowed to stand" and that he would seek punishment by death.
Kelly's lawsuit argues that Hegseth's actions fall under the First Amendment prohibition against punishing disfavored speech or retaliating against protected expression. The court will now decide whether Hegseth and the Pentagon can take action against Kelly.
Senator Mark Kelly has filed a lawsuit against Defense Secretary Pete Hegseth and the Pentagon, claiming that being censured for his actions as part of a video aimed at reminding military personnel of their right to refuse unlawful orders is an unconstitutional attempt by the government to silence him.
The lawsuit was filed in Washington D.C. on Monday, just days after Kelly received a letter from Hegseth announcing plans to demote him and reduce his pension if he did not stop speaking out on matters of public policy. Kelly has accused Hegseth's actions as "unlawful and unconstitutional", arguing that the government cannot punish disfavored expression or retaliate against protected speech.
Kelly, along with several other lawmakers, had released a video in November discussing their right to refuse orders if they deemed them unlawful. The move came amid controversy over alleged breaches of international law by the Trump administration's airstrikes on suspected drug boats in the Caribbean.
Trump had even gone so far as to suggest that Kelly and his fellow lawmakers might be committing sedition, a capital offense, and had written on Truth Social that their words could not "be allowed to stand" and that he would seek punishment by death.
Kelly's lawsuit argues that Hegseth's actions fall under the First Amendment prohibition against punishing disfavored speech or retaliating against protected expression. The court will now decide whether Hegseth and the Pentagon can take action against Kelly.