Former Service Secretaries, Retired Senior Military Leaders, Veterans Group Urge Court to Affirm Veterans’ Free Speech Protections

WASHINGTON — A group of 73 former service secretaries, retired senior military leaders, and Vet Voice Foundation, represented by the States United Democracy Center and Protect Democracy Project, filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit in Kelly v. Hegseth, urging the court to affirm a lower court decision blocking the Department of Defense from punishing Senator Mark Kelly for constitutionally protected speech.

The brief supports Sen. Kelly as the federal government appeals a preliminary injunction issued by the U.S. District Court for the District of Columbia. That ruling blocked the Department of Defense from enforcing a formal censure against the retired Navy captain, issued in response to his public comments criticizing administration military policy and accurately explaining military law—including that service members have a duty to disobey unlawful orders.

“The notion that a servicemember could spend over 20 years serving this country and put their life on the line for it, to defend the Constitution and its First Amendment, and then forever lose their right to free speech when retired from service would make the First Amendment itself meaningless,” said Janessa Goldbeck, CEO of Vet Voice Foundation and a Marine veteran. “Although Sen. Kelly is the plaintiff in this case, he is a proxy for the more than two million military retirees in America who share the same fundamental right to speak freely and be heard. We are submitting this amicus for them, as much as we are for Sen. Kelly.”

Defense Secretary Pete Hegseth alleged in January that Sen. Kelly’s comments violated military law. Kelly challenged the action in federal court, arguing that the punishment violates his constitutional rights. Today’s amicus brief rebuts the government’s claim, explaining that speech restrictions under military law apply narrowly to active-duty personnel and require a clear connection to military order and discipline—standards that are not met here.

“Veterans don’t lose their First Amendment rights when they leave active duty,” said Mai Ratakonda, Senior Counsel and a Program Director at the States United Democracy Center. “The government cannot punish veterans for simply telling the truth about military law. Doing so isn’t just unconstitutional—it’s a warning to millions of veterans that speaking out could subject them to retaliation. If allowed to stand, it would erode the basic constitutional protections that safeguard our democracy. That should concern everyone.”

The brief argues that the government’s position is both unprecedented and unconstitutional, and that allowing Sen. Kelly to be punished would chill the speech of millions of veterans nationwide. Drawing on decades of military leadership experience, they emphasize that veterans play a critical role in public life and democratic debate—particularly on issues of national security. Amici also underscore that the principle at the center of Sen. Kelly’s remarks—the duty to disobey unlawful orders—is a well-established tenet of military law and consistently reaffirmed by courts and the Department of Defense. Asserting that duty, they argue, reinforces—not undermines—the rule of law.

“The administration’s attempts to silence veterans are an insult to their service and their sacrifice,” said Beau Tremitiere, Counsel and Deputy Impact Director at Protect Democracy Project. “We are stronger when our veterans exercise their First Amendment rights and share their wisdom in public debate. Government punishment for veterans who speak up has no place in America: period.”

Amici include former Secretaries of the Army, Navy, and Air Force, retired four-star generals and admirals, and other senior military leaders who collectively served under every president from Dwight D. Eisenhower through Donald J. Trump, as well as 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:

“By virtue of their service, retired servicemembers have distinct perspectives and specialized expertise that contribute uniquely to the public discourse. They also populate all walks of public life, including holding elected public office—like Senator Kelly—and other prominent civic roles. To chill the speech of retired servicemembers would not only infringe on their individual First Amendment rights, but also impoverish public debate on critical issues relating to our military and its role in domestic and foreign affairs.”

“To restrict the ability of these individuals to speak candidly on issues of public importance through the threat of discipline or loss of retirement benefits would chill 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 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. The recitation of existing legal obligations and expression of views as to where and how troops should be deployed in no way imply that servicemembers should refuse to perform their lawful duties.”

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 Project

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.