Former Service Secretaries, Retired Senior Military Leaders, Veterans Group Defend Veterans’ Free Speech Rights; Urge Court to Block Censure of Sen. Mark Kelly

WASHINGTON — A group of 41 former service secretaries, retired senior military leaders, and Vet Voice Foundation, represented by the States United Democracy Center and Protect Democracy, filed an amicus brief in Kelly v. Hegseth, urging the U.S. District Court for the District of Columbia to block the Department of Defense from punishing Senator Mark Kelly for constitutionally protected speech.

The brief supports Sen. Kelly’s motion for preliminary relief after the Department of Defense issued a formal censure of the retired Navy captain in response to his public statements criticizing the current administration’s military policy and accurately describing military law—namely, that service members have a duty to disobey unlawful orders. The amici argue that the disciplinary action, if upheld, threatens to silence millions of veterans nationwide.

“Like all Americans, Senator Kelly has a right to free speech and a right to reiterate the duties of our uniformed military,” said Janessa Goldbeck, CEO of Vet Voice Foundation and a Marine veteran. “Punishing him for exercising that right isn’t so much about him as it is to send a chill down the spine of other retired officers and coerce them into silence. It is an attack on the First Amendment rights of the very men and women who put their lives on the line to protect that right. We are confident that the courts will agree, and we’re proud to join this amicus brief.”

The Secretary of Defense alleged that Sen. Kelly’s comments violated the Uniform Code of Military Justice (UCMJ), despite his retired status. Kelly challenged the action in federal court, arguing that the punishment violates his constitutional rights. The group of retired military veterans emphasize that limited speech restrictions under military law apply to active-duty personnel in narrow circumstances and have no relevance to the protected political speech of retired officers.

“The administration is trying to rewrite the First Amendment for veterans,” said Mai Ratakonda, Senior Counsel & Program Director at the States United Democracy Center. “Punishing a retired officer for accurately describing military law and speaking on matters of public concern is not just unconstitutional—it sends a clear message to millions of veterans to stay silent or risk retaliation. That has no place in our democracy.”

Allowing this punishment to stand, amici warn, would set a dangerous precedent that could deter veterans across the country from engaging in public life and undermine a long-standing tradition of military voices contributing to democratic debate.

“Our men and women in uniform put their lives on the line to protect our freedoms. Any effort to silence veterans trying to exercise those very freedoms is not just illegal—it’s un-American,” said Beau Tremitiere, Counsel & Deputy Impact Director at Protect Democracy. “Our national security is strengthened—not weakened—when those with firsthand expertise can speak openly and inform public debate on matters involving the military and our defense.”

The amici, who collectively served under every president from Dwight D. Eisenhower through Donald J. Trump, include former Secretaries of the Army and Navy, retired four-star generals and admirals, other senior military leaders with decades of experience, and Vet Voice Foundation, a nonpartisan, veteran-led organization representing nearly two million veterans, military family members, and supporters nationwide.

Key excerpts from the brief include:

“To restrict the ability of these individuals to speak candidly on issues of public importance through the threat of military discipline or loss of retirement benefits would chill public debate at all levels of government, across a broad swath of civil society, and in critical moments of the political process. And it would jeopardize the speech rights, and the corollary rights of the public to hear that speech, of members of both political parties. The Constitution provides strict protection for speech—especially political speech—because of the critical role it plays in a democracy.”

“A retired officer no longer serving in the U.S. military or occupying a position in the chain of command does not dishonor or disgrace himself, or undermine mission, command structure, and the execution of orders by reiterating well-settled statements of American law or by speaking his mind on national security policy – even if others may reasonably disagree with his positions.”

“Rather, if this speech may serve as a lawful basis for punishing a retired service member, it is unclear what constitutional protection would remain for veterans wishing to express public disagreement with a present Administration on matters of national defense and military policy. Indeed, that Senator Kelly was punished despite the fact that his speech receives heightened protection under the Constitution’s Speech and Debate Clause makes Defendants’ actions even more chilling as to all other veterans outside of Congress who do not enjoy special protection for their speech on matters of public importance.”

Read a summary of the amicus brief here.

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About the States United Democracy Center

States United is a nonpartisan 501(c)(3) organization dedicated to the rule of law and free, fair, secure elections. We provide direct support to state officials and law enforcement leaders as they uphold the law and our system of checks and balances, protect public safety, defend elections, and preserve our democracy. For more information, visit statesunited.org.

About Vet Voice Foundation

Vet Voice Foundation, a veteran-led 501(c)(3), mobilizes veterans to lead, advocate, and fight for a stronger, more just America. We champion policies that keep promises made to those who serve, support better lives and livelihoods for veterans and their families, protect our freedoms, and advance national security. Through education, action, and bold leadership, we lift veterans’ voices to shape the future we swore to defend.

About Protect Democracy

Protect Democracy Project is a nonpartisan 501(c)(3) nonprofit organization dedicated to preventing American democracy from declining into a more authoritarian form of government. We provide public education about threats to democratic norms and institutions and how the American people can best confront them. We bring together conservatives, moderates, and progressives around a shared goal: strengthening the laws and guardrails that constrain authoritarianism and building a truly representative and responsive democracy. For more information, visit protectdemocracyproject.org.