• Senator Mark Kelly has filed a lawsuit against Defense Secretary Pete Hegseth.
• The lawsuit challenges proceedings aimed at demoting Kelly’s retired Navy rank.
• Kelly claims his free speech rights were violated for advocating against unlawful military orders.
• Hegseth's censure letter was issued after Kelly participated in a critical video with other lawmakers.
• Kelly warns that such actions threaten the rights of retired military personnel to speak freely.

U.S. Senator Mark Kelly has initiated legal proceedings against Defense Secretary Pete Hegseth, asserting that the Pentagon's attempts to demote him from his retired Navy captain rank violate his constitutional rights. The lawsuit, filed in federal court in Washington, contends that these actions are retaliatory against his exercise of free speech in urging troops to resist illegal orders, according to latimes, reuters, and scmp.

Kelly argues that his censure, issued on January 5, was unjustified, stemming from his participation in a video where he emphasized the duty of service members to reject unlawful orders. He stated, “Our laws are clear: you can refuse illegal orders.” This statement came amidst increased scrutiny of military actions and policies by Democratic lawmakers opposed to the Trump administration, as referenced in latimes and reuters.

In his lawsuit, Kelly seeks to invalidate Hegseth's review process and claims the actions could have a chilling effect on the rights of military veterans who wish to voice dissent. He criticized the censure as an attempt to intimidate those who speak out against the defense establishment, stating that it sends a threatening message, according to scmp.

The controversy surrounding Kelly's censure arose following a significant reshuffling of military leadership during President Trump's administration, which has intensified scrutiny of military officials who publicly challenge the government's directives, as detailed in reuters and scmp.