Judge Signals Favor for Kelly in Pentagon Speech-Rights Battle

A federal judge in Washington expressed sympathy toward Senator Mark Kelly in his lawsuit challenging the Pentagon’s plan to discipline him for urging service members to refuse illegal orders, indicating he may not embrace expanding First Amendment protections to retirees. The DOJ argued the court should avoid military discipline questions, while Kelly’s team warned of a possible chilling effect on speech by current and former service members. Judge Richard Leon said a decision on Kelly’s request to block the Pentagon’s actions, which could include downgrading his retirement rank and issuing a censure, could come by February 11.