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Appeals Court Signals Rejection of Hegseth's Punishment Bid Against Senator Kelly

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A federal appeals court seems inclined to dismiss Defense Secretary Pete Hegseth's attempt to penalize Senator Mark Kelly for his remarks urging military personnel to refuse illegal orders. During a lengthy hearing, judges expressed skepticism about the Justice Department's arguments, which claimed Kelly's comments could disrupt military discipline. Kelly, a retired Navy captain, had previously sued Hegseth after the Pentagon threatened to reduce his military rank and issue a censure. This case raises significant questions regarding the First Amendment rights of retired service members, particularly in the context of their speech directed at active-duty personnel. The outcome could set a precedent for how free speech protections apply to veterans.

Key Details: • Hegseth's attempt to punish Kelly was previously halted by a federal judge. • The case addresses First Amendment protections for retired military members. • Kelly's remarks were made in a video urging service members to disobey unlawful orders. • Judges questioned whether retired service members have the same speech protections as active-duty members.

military senate legal first-amendment retired-veterans

People & Organizations

Donald TrumpJustice DepartmentPete HegsethMark KellyPentagonJohn BaileyBenjamin MizerNina PillardFlorence PanKaren HendersonUS Circuit Court of Appeals

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