Tag: Veteran Speech Rights

Judge Reasserts the First Amendment and Protects Veteran Voices

Posted on by Becky Haugen

Defending the Constitution

In a striking rebuke to the Pentagon’s attempt to punish Senator Mark Kelly, U.S. District Judge Richard Leon blocked the Defense Department from reducing Kelly’s retired rank and pension, a decision that should reverberate well beyond this one lawsuit.

At the heart of Judge Leon’s order is a simple constitutional truth: free speech is not a conditional benefit to be revoked when the government disagrees with the message. Leon’s ruling affirms that principle in the face of an unprecedented effort to penalize a retired service member for publicly urging troops to refuse unlawful orders.

Leon made clear in earlier hearings that this isn’t just an ordinary dispute about retirement benefits. He questioned Pentagon lawyers about their legal foundation, noting pointedly that what the government was asking the court to endorse was something “the Supreme Court…has never done.” That skepticism was not just procedural; it was a signal that the framing of this case threatened long-established First Amendment norms.

By granting Kelly’s motion for a preliminary injunction, Leon has done more than protect one senator’s livelihood. He has sent a message to the executive branch: You cannot weaponize military status to chill speech that is at the core of democratic debate. The government’s effort to reduce Kelly’s rank and retirement pay for exercising his right to speak plainly about unlawful orders was, as Leon’s ruling implies, exactly the sort of retaliatory overreach our constitutional framework is designed to prevent.

In a political climate where disputes over national security and military policy are intense and often divisive, judges must be guardians first of the Constitution, not partisans of the outcry. Judge Leon’s decision, grounded in fundamental First Amendment principles, reminds us that veterans do not surrender their civic voice when they leave active service.

Judge Leon closed his opinion with this sage advice:

“ Rather than trying to shrink the First Amendment liberties of retired, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years. If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights! Hopefully this injunction will in some small way help bring about a course correction in the Defense Department’s approach to these issues.“

 

 

 

 

 

 

 

Who’s Who Behind the Amicus Brief and Why It Matters for Every Veteran

Posted on by Becky Haugen

A powerful amicus curiae brief filed in Kelly v. Hegseth brings together an extraordinary coalition of former service secretaries, retired senior military leaders, and veteran advocates to deliver a unified warning to the court: punishing a retired service member for truthful public speech about military law threatens democratic self-government and chills the voices of millions of veterans nationwide.

This is not an abstract dispute about decorum or discipline. It is a case about who gets to speak, what the law actually requires, and whether veterans remain full participants in civic life after they hang up the uniform.

The Case at the Center

The lawsuit was brought by Mark Kelly, a retired U.S. Navy Captain and sitting U.S. Senator, after the Department of Defense took the unprecedented step of formally censuring him for public statements explaining a settled principle of military law: service members have a duty to disobey unlawful orders.

The defendant is Pete Hegseth, sued in his official capacity.

The amicus brief supports Senator Kelly’s request for a preliminary injunction, warning that allowing this punishment to stand would dramatically expand executive power over veteran speech.

Who Filed the Amicus Brief—and Why Their Voices Matter

Former Service Secretaries: Civilian Oversight at Stake

Among the amici are former civilian leaders entrusted with oversight of the armed forces, including:

  • Louis E. Caldera
  • Sean C. O’Keefe

Their participation signals that this case is not about politics—it is about preserving lawful civilian-military norms and constitutional boundaries.

Retired Generals and Admirals: Unmatched Military Authority

More than 40 retired senior officers across every branch of the armed forces signed the brief. Collectively, they served under every president from Dwight D. Eisenhower to Donald J. Trump.

Notable signatories include:

  • Antonio Taguba, known for leading the Abu Ghraib investigation
  • Michael V. Hayden, former Director of the CIA and NSA
  • Claudia J. Kennedy, the first woman to reach three-star rank in the Army
  • Thad W. Allen, former Commandant of the Coast Guard

These are not marginal critics. They are the leaders who trained troops, commanded forces, enforced military law, and safeguarded the institution’s credibility.

Veteran Civil Society: The Broader Impact

The brief is also joined by Vet Voice Foundation, a non-partisan organization representing nearly two million veterans and military family members.

Their involvement highlights the real-world consequences: when veteran speech is chilled, public debate suffers—and so does democratic accountability.

Counsel for the Amici

The amici are represented by leading democracy and constitutional-law organizations:

  • Protect Democracy Project
  • States United Democracy Center

What the Amicus Brief Argues—At a Glance

  1. Veteran Participation Is Essential to Democracy

Veterans serve throughout public life—as legislators, judges, journalists, educators, and advocates. Silencing them deprives the public of informed perspectives on national security and military policy.

  1. The Duty to Disobey Unlawful Orders Is Settled Law

The brief traces this principle through U.S. military case law, the Law of War, the Uniform Code of Military Justice, and post-World War II precedent. Explaining this duty publicly is accurate, lawful, and necessary, not misconduct.

  1. UCMJ Speech Limits Do Not Apply to This Case

Even for active-duty service members, speech may be restricted only where there is a direct and palpable connection to military mission or discipline. That standard is nowhere close to being met here—especially for a retired officer holding elected office.

If the government’s position were accepted, the brief warns, no meaningful First Amendment protection would remain for veterans.

Why This Moment Matters

The amici make clear that they filed this brief despite recognizing the risk of retaliation themselves. That chilling effect is the constitutional injury at the heart of this case.

If a retired service member can be punished for accurately explaining military law—then every veteran’s voice becomes conditional, subject to political approval.

This case is about more than one Senator. It is about whether service ends with silence—or whether veterans remain full participants in the democracy they defended.

Documents

Kelly amicus brief

1 Complaint Kelly v. Hegseth, 1.12.26

2 Kelly motion for emergency TRO and PI, 1.12.26

Amicus brief in support of Kelly, 1.20.26

4 Govt opposition to Kelly PI motion, 1.22.26 

Senator Kelly Reply brief in support of PI motion, 1.26.26

Citations & References

  • Brief of Amici Curiae Former Service Secretaries, Retired Senior Military Officers, and Vet Voice Foundation in Support of Plaintiff’s Motion for Preliminary Injunction and Stay, Kelly v. Hegseth, No. 1:26-cv-00081-RJL (D.D.C. Jan. 20, 2026). Kelly amicus brief
  • Uniform Code of Military Justice; Manual for Courts-Martial
  • United States v. Calley, 48 C.M.R. 19 (1973)
  • United States v. Huet-Vaughn, 43 M.J. 105 (C.A.A.F. 1995)
  • Department of Defense Law of War Manual