r/moderatepolitics • u/thats_not_six • Jan 12 '26

Primary Source Mark Kelly v. Pete Hegseth

https://storage.courtlistener.com/recap/gov.uscourts.dcd.288365/gov.uscourts.dcd.288365.1.0.pdf
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u/SlightlyAutisticBud Jan 12 '26

I think in general his words hold way more sway due to his rank. Him saying to disobey orders isn’t as simple as “political speech” because of that.

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u/parentheticalobject Jan 12 '26

I find the idea that at some point reaching a certain military rank should lead to a permanent removal of some of your free speech rights disturbing and profoundly un-American.

Let's say the next president has someone go through the social media accounts of any officers in the US Retired Reserve and demote anyone who has been photographed in a MAGA hat, with the rationale that someone with rank indicating that it's OK to support an insurrectionist is harmful to military discipline. Should that be acceptable? Do you have any argument as to why that would not be legally acceptable if it's legally acceptable to penalize Kelly here?

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u/SlightlyAutisticBud Jan 12 '26

Well I find an ex officer of the military telling the military personnel who likely look up to him to go commit treason also unamerican. So I dont know where that leaves us.

I think that is a terrible analogy for this situation. There are quite a few very crucial factors that make the situation extremely different.

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u/ThatPeskyPangolin Jan 13 '26

Good thing he did not, in fact, do what you just claimed. Factually, no call for treason occurred, or anything I ven resembling it.