- United States
- Letter
Petition for Protection of First Amendment Rights of Retired Service Members
To: Justices Court
From: A constituent in Austin, TX
January 6
I write as a private citizen concerned by recent actions and public threats made by executive branch officials that appear to target a retired service member for constitutionally protected speech.
Senator Mark Kelly did not say anything illegal. He did not disclose classified information. He did not incite violence. He did not violate the Uniform Code of Military Justice or any federal statute. His statements were political speech criticizing government officials, which lies at the very core of the First Amendment.
As a retired service member, Senator Kelly is a civilian. Retirement does not place an individual outside the protection of the Constitution, nor does it grant the executive branch authority to punish lawful speech after service has ended. Any attempt to use military rank, retirement status, or past service as a tool for intimidation or retaliation is unsupported by law.
Threats of censure, demotion, or prosecution for lawful political speech create an unconstitutional chilling effect. If such threats are tolerated, they risk silencing not only retired service members, but all Americans who criticize those in power.
The Constitution does not permit the executive branch to punish speech simply because it is inconvenient, critical, or unwelcome. I respectfully urge the Court to affirm that no legal authority exists to retaliate against retired service members for lawful expression and that the First Amendment fully protects their right to speak as private citizens.