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73 Military Veterans, Including 17 4-Stars, Defend Sen. Mark Kelly in Legal Fight

The former officers say the Pentagon’s effort would punish protected speech and weaken First Amendment rights for retired service members.

  • On Friday, 73 former admirals, generals, and service secretaries filed an amicus brief defending Navy Capt. Mark Kelly, opposing Pentagon efforts to restrict the First Amendment liberties of retired service members.
  • A video released last year featuring Kelly and other Democrats reminding service members of their right to refuse illegal orders prompted the dispute, leading Defense Secretary Pete Hegseth to accuse Kelly of reckless misconduct.
  • In Feb, District Judge Richard Leon blocked the Pentagon's demotion attempt, citing First Amendment protections and noting that service members have contributed to public debate on military matters for 250 years.
  • Maintaining that Kelly is subject to the Uniform Code, the Pentagon appealed the ruling, while White House spokesperson Anna Kelly stated President Donald Trump characterized the remarks as "seditious behavior" punishable by death.
  • Represented by the Protect Democracy Project, the 73 signatories include 16 4-star signatories who served under presidents from Dwight Eisenhower to President Donald Trump, with oral arguments scheduled for May 7 before District Judge Richard Leon.
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Limits on speech rights for military retirees at issue in Sen. Kelly case against DOD

U.S. Sen. Mark Kelly, D-Ariz., speaks at a news conference at the U.S. Capitol on Feb. 11, 2026 in Washington, D.C. (Photo by Heather Diehl/Getty Images)WASHINGTON — Arizona Democratic Sen. Mark Kelly’s legal team is urging a federal appeals court to uphold a ruling that allows the former Navy captain to keep his retirement rank and pay while his First Amendment case against the Pentagon moves forward.  Benjamin C. Mizer, partner at Arnold & Por…

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Arizona Mirror broke the news on Friday, April 17, 2026.
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