U.S. District Judge Richard Leon, an appointee of former President George W. Bush, noted the military principal that service members enjoy weakened First Amendment protections to preserve discipline in the armed forces, but said that no court had ever extended that doctrine to retired service members.
He said he would not be the first to do so.
"This Court has all it needs to conclude that Defendants have trampled on Senator Kelly's First Amendment freedoms and threatened the constitutional liberties of millions of military retirees," the judge wrote.
Leon quoted singer-songwriter Bob Dylan to say, "You don't need a weatherman to know which way the wind blows."
"To say the least, our retired veterans deserve more respect from their Government," the judge added, "and our Constitution demands they receive it!"
Defense Secretary Pete Hegseth wrote on X that the ruling will be "immediately appealed."
The Pentagon pointed to Hegseth's post when asked to respond to the ruling, and the Justice Department gave no comment.
Kelly, a retired Navy captain, sued last month after Hegseth announced the Pentagon had initiated retirement grade determination proceedings and issued a formal letter of censure over the November video.
Five other Democrats with either intelligence or military backgrounds joined Kelly in calling on troops to "refuse illegal orders": Sen. Elissa Slotkin (Mich.) and Reps. Chris Deluzio (Pa.), Maggie Goodlander (N.H.), Chrissy Houlahan (Pa.) and Jason Crow (Colo.).
Kelly said the decision marks a "critical moment" to show the Trump administration it cannot continue to undermine freedoms fought for by "Americans like me."
"I didn't ask for this fight, but I have been defending the Constitution since I was commissioned as an Ensign in the U.S. Navy," the senator said in a statement following the ruling. "After decades of public service, I can't think of anything more important I can do for my country than defending the free speech rights of millions of retired veterans and all Americans."
Leon found that the Pentagon's actions against Kelly in response to the video "clearly pass the bar" for retaliation and stand to chill the speech of other veterans.
Read the full report at thehill.com.
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