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Kelly Fights Pentagon Over Free Speech Rights

About this episode

Senator Mark Kelly, a Democrat from Arizona and retired Navy captain, is challenging the Pentagon in court over his right to free speech. His legal team has filed a brief supporting a lower courts ruling that allows him to keep his full retirement rank and pay while the First Amendment case unfolds. The dispute began when Kelly, alongside other Democratic lawmakers with military backgrounds, released a video urging public servants to refuse unlawful or unconstitutional orders. The Justice Department argues that retirees like Kelly still hold influence that requires speech restrictions, while Kellys lawyers contend that the Defense Department overstepped by attempting to punish him as a retiree. The case could establish significant precedents on the limits of public criticism by retired officers and lawmakers.

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Kelly Fights Pentagon Over Free Speech Rights

Anchorage News Today | 2 Min News | The Daily News Now!

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Full transcript

Anchorage News Today | 2 Min News | The Daily News Now!Kelly Fights Pentagon Over Free Speech Rights. Machine-transcribed; use the interactive transcript above to jump the player to any line.

It's April 17th. This is Anchorage News Today, powered by AI. I'm Cory with the story. Senator Mark Kelly, the Arizona Democrat and retired Navy Captain, is battling the Pentagon and court over his right to speak out. His legal team just filed a brief urging a federal appeals court to back a lower court's ruling that lets him hold on to his full retirement rank and pay while the first amendment fight plays out. The trouble started with a video Kelly made last November 18th, alongside other Democratic lawmakers with military backgrounds like Alissa, Slokkin and Jason Crowe. They urged public servants in places like the CIA and armed forces to refuse any orders breaking the law or constitution, stressing it's a core duty under military law. Kelly's lawyers argue the defense department crossed the line by trying to punish him as a retiree, not an active duty officer, and point out he never. Bush defines of specific orders just stuck to settled rules. Meanwhile, the Justice Department fired back in their brief, warning this could wreck

military discipline and insisting retirees still carry sway that. Demand's limits on speech. A district court judge slapped down the Pentagon's move with the preliminary injunction back in February, but the Trump administration appealed right, away to the DC Circuit. Several arguments are set for May 7th before a three-judge panel, with judges from Bush, Obama and Biden eras. This case could set big precedents on how far retired officers and lawmakers can go with public criticism, especially ones like Kelly on the Senate. Some services committee, as both sides dig in for the long haul.

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