In an opinion issued Thursday, Judge Richard Leon, senior US District Court for the District of Columbia, granted Senator Mark Kelly a preliminary injunction blocking Defense Secretary Pete Hegseth from retaliating against Kelly for a video he and others made citing laws requiring refusal to obey illegal orders.

The opinion’s opening paragraphs make the judge’s viewpoint clear:

United States Senator Mark Kelly, a retired naval officer, has been censured by Secretary of Defense Pete Hegseth for voicing certain opinions on military actions and policy. In addition, he has been subjected to proceedings to possibly reduce his retirement rank and pay and threatened with criminal prosecution if he continues to speak out on these issues. Secretary Hegseth relies on the well-established doctrine that military servicemembers enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces. Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military. This Court will not be the first to do so!

Worse still, Secretary Hegseth contends that this Court is not yet competent to decide the issues in this case. He and his fellow Defendants argue that military personnel decisions are exempt from judicial review and, in any event, that Senator Kelly should first be required to go through the military appeals process so the military can have the first crack at adjudicating his First Amendment rights. I disagree. 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. After all, as Bob Dylan famously said, “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, and our Constitution demands they receive it!

Leon’s full opinion appears below.