The 1st Amendment ...

Damon Winter/The New York Times

Let's talk freedom of speech and the 1st Amendment, the most important civil rights document in the Constitution as this gives the right of free speech to every citizen in the US. Now, what about the military? Particularly guys like me, a former officer who did his bit. Am I entitled? Of course but Pentagon Pete says this is not the case because, according to him, this is not in concert with how retired vets "should" voice their views in public, something most disquieting to say the least.

This week, I heard something that shocked me. In a federal appeals court, lawyers for Pete Hegseth, the secretary of defense, argued that military retirees were subject to freedom of speech restrictions because of their connection to the military, and that if they didn’t like those restrictions, retirees could forfeit their pension and benefits. Let that sink in. The Trump administration expects the people who have put their lives on the line for America to cede one of their basic rights, or forfeit the retirement pay and benefits they have earned over decades of service.

I’m a retired U.S. Army lieutenant colonel, and I was in that courthouse with dozens of other retired veterans. We were there to support and defend every veteran whose right to speak freely was being challenged by the government we had served.

How did we get here? In November, Senator Mark Kelly, Democrat of Arizona, a retired Navy captain, released a video with several other legislators reminding service members that they have a duty to disobey unlawful orders. “We know you are under enormous stress and pressure right now,” they said. “This administration is pitting our uniform military and intelligence community against American citizens.”

The duty to disobey unlawful orders is well established, but the president and secretary of defense immediately called the video outrageous. President Trump wrote that Mr. Kelly should face the death penalty and be hanged as a traitor. Subsequently, Mr. Hegseth censured Mr. Kelly and instructed the secretary of the Navy to investigate him and potentially reduce his retirement rank and pay. Mr. Kelly went to court and won, but the government appealed. Based on the reaction from the three-judge panel in the D.C. Court of Appeals on Thursday, it seems likely that Mr. Hegseth will lose in this court, too, but he has already indicated that he may appeal the case to the Supreme Court. This isn’t over, and it has implications far beyond Mr. Kelly.

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Image by Leslie Haines