Judge Rules Trump Cannot Jail Legislators for Offending Him
U.S. District Judge Richard J. Leon has ruled that Senator Mark Kelly’s statements to military personnel about refusing illegal orders are protected by the First Amendment. The judge granted Kelly a preliminary injunction against Defense Secretary Pete Hegseth, barring penalties based on comments Hegseth deemed prejudicial to good order and discipline. Leon concluded that Kelly was likely to prevail in his claim that Hegseth retaliated against his constitutionally protected speech, a principle he found inapplicable to retired service members, especially those serving in Congress. The ruling clarifies that while active-duty military members have restricted speech rights, retired members, particularly legislators performing oversight, are entitled to full First Amendment protections.
John Q. Hosedrinker