Sen. Mark Kelly sues Pentagon over censure for warning troops about illegal orders

Sen. Mark Kelly sued the Pentagon seeking to block a censure by Defense Secretary Pete Hegseth after Kelly appeared in a video urging troops to resist unlawful orders. The lawsuit says the First Amendment forbids the government from punishing legislators for such speech.

Sen. Mark Kelly filed a lawsuit against the Department of Defense on Monday to block a censure issued by Defense Secretary Pete Hegseth. Hegseth announced the censure after Kelly participated in a video that called on troops to resist unlawful orders. Kelly's court filing argues the First Amendment prevents government officials from punishing legislators for protected speech on public policy. Key details: - Kelly is a former Navy pilot and is seeking a court order to stop the censure announced last Monday. - The censure was prompted by Kelly's participation in a video urging troops to resist unlawful orders. - Hegseth described the censure as a procedural step that could lead to demotion from Kelly's retired rank and reduced retirement pay, and Kelly's lawsuit invokes First Amendment protections. Summary: The case raises a legal question about whether the Pentagon may impose personnel penalties tied to speech by a sitting legislator who is a retired service member. Undetermined at this time.