Federal Judge Blocks Demotion of Sen. Mark Kelly, Citing First Amendment Violation

Pentagon's attempt to punish Kelly over video calling on troops to defy "illegal orders" halted by court ruling

Published on Feb. 14, 2026

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A federal judge ruled that the Pentagon cannot demote Sen. Mark Kelly's retired military rank or cut his pay, finding that the Department of War violated the Arizona Democrat's First Amendment rights when it censured him over a video calling on service members to defy "illegal orders." The judge's ruling blocks any punishment while Kelly's lawsuit against the administration proceeds.

Why it matters

The ruling has broader implications, as the judge found the Pentagon's actions violated not just Kelly's rights but also implicated the rights of "millions of military retirees." This could significantly constrain the Pentagon's ability to discipline retired service members for political speech, which has bipartisan ramifications.

The details

U.S. District Judge Richard Leon found Kelly is "likely to succeed" in his free speech argument and has demonstrated irreparable harm. The controversy traces back to a 90-second video featuring Kelly and other military veteran lawmakers calling on U.S. military members to defy "illegal orders." The Pentagon censured Kelly on January 5, but a grand jury in Washington, D.C., later refused the Department of Justice's attempt to indict the group of lawmakers.

  • On January 5, the Pentagon censured Sen. Mark Kelly.
  • On Tuesday, a grand jury in Washington, D.C., refused the Department of Justice's attempt to indict the group of lawmakers.
  • On Thursday, the federal judge ruled that the Pentagon cannot demote Kelly's retired military rank or cut his pay.

The players

Mark Kelly

A Democratic senator from Arizona and former U.S. Navy captain who is suing the Pentagon over its attempt to demote his retired military rank and cut his pay.

Richard Leon

A U.S. District Judge appointed by former President George W. Bush who ruled in favor of Kelly, finding the Pentagon's actions violated his First Amendment rights.

Pete Hegseth

The current U.S. Secretary of War who the Pentagon's actions were taken under, and who has vowed to immediately appeal the judge's ruling.

John Phelan

The current U.S. Navy Secretary who was named as a defendant in Kelly's lawsuit against the Pentagon.

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What they’re saying

“This will be immediately appealed.”

— Pete Hegseth, U.S. Secretary of War (X)

“Sedition is sedition, 'Captain.'”

— Pete Hegseth, U.S. Secretary of War (X)

“Rather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years.”

— Richard Leon, U.S. District Judge (Court Ruling)

“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!”

— Richard Leon, U.S. District Judge (Court Ruling)

What’s next

The administration has vowed to immediately appeal the judge's ruling, setting up a higher court battle over the extent of the Pentagon's authority to discipline retired military members for political speech.

The takeaway

This case highlights the tension between protecting the free speech rights of military veterans in public life and maintaining the chain of command for active-duty service members. While the video in question was controversial, the mechanism used to punish Sen. Kelly raises broader constitutional concerns that transcend partisan politics.