Senator Kelly Sues Hegseth and Pentagon Over Censure, Claiming First Amendment Rights Were Violated
US Senator Mark Kelly has filed a lawsuit against Defense Secretary Pete Hegseth and the Pentagon, alleging that his censure by Hegseth constitutes an unlawful and unconstitutional attempt to stifle free speech. The lawsuit seeks an injunction blocking Hegseth's actions from taking place.
Kelly, along with several other lawmakers, participated in a video warning military personnel of their rights under the law. This came amid controversy surrounding alleged breaches of international law by the Trump administration over airstrikes on suspected drug boats in the Caribbean.
Hegseth had issued a letter censuring Kelly and threatened to demote him and reduce his pension if he were found guilty. The Pentagon is set to make this decision within weeks, according to the letter.
The lawsuit claims that Hegseth's actions are prohibited by the First Amendment as it prohibits government officials from punishing disfavored expression or retaliating against protected speech. Since Kelly was speaking on matters of public policy when he released the video, the lawsuit argues that he is entitled to the same protection as any other citizen expressing their views.
This decision by Hegseth and the Pentagon has drawn a stark contrast with President Donald Trump's earlier response to similar actions by lawmakers. When Kelly and his colleagues released the video, Trump suggested that their actions could constitute sedition, punishable by death.
While Hegseth's censure may seem severe, it is less harsh than the punishment hinted at by Trump. The former president wrote on Truth Social that the lawmakers' words "cannot be allowed to stand" and called for "seditous behavior" punishable by death.
Kelly's lawsuit challenges this assertion, arguing that his right to free speech must not be infringed upon, regardless of how unpopular his views may be.
US Senator Mark Kelly has filed a lawsuit against Defense Secretary Pete Hegseth and the Pentagon, alleging that his censure by Hegseth constitutes an unlawful and unconstitutional attempt to stifle free speech. The lawsuit seeks an injunction blocking Hegseth's actions from taking place.
Kelly, along with several other lawmakers, participated in a video warning military personnel of their rights under the law. This came amid controversy surrounding alleged breaches of international law by the Trump administration over airstrikes on suspected drug boats in the Caribbean.
Hegseth had issued a letter censuring Kelly and threatened to demote him and reduce his pension if he were found guilty. The Pentagon is set to make this decision within weeks, according to the letter.
The lawsuit claims that Hegseth's actions are prohibited by the First Amendment as it prohibits government officials from punishing disfavored expression or retaliating against protected speech. Since Kelly was speaking on matters of public policy when he released the video, the lawsuit argues that he is entitled to the same protection as any other citizen expressing their views.
This decision by Hegseth and the Pentagon has drawn a stark contrast with President Donald Trump's earlier response to similar actions by lawmakers. When Kelly and his colleagues released the video, Trump suggested that their actions could constitute sedition, punishable by death.
While Hegseth's censure may seem severe, it is less harsh than the punishment hinted at by Trump. The former president wrote on Truth Social that the lawmakers' words "cannot be allowed to stand" and called for "seditous behavior" punishable by death.
Kelly's lawsuit challenges this assertion, arguing that his right to free speech must not be infringed upon, regardless of how unpopular his views may be.