National Security Leaders for America Files Amicus Brief in Kelly v. Hegseth Defending First Amendment Rights of Retired Military Personnel

April 21, 2026

Washington, DC, National Security Leaders for America (NSL4A) has filed an amicus brief in Kelly v. Hegseth, urging the U.S. Court of Appeals for the District of Columbia Circuit to uphold the First Amendment rights of retired military personnel and reject the government’s effort to subject retirees’ public speech to the same restrictions applied to active-duty service members.

NSL4A’s brief argues that long-standing Department of Defense policy recognizes that retired service members who are not on extended active-duty recall retain substantially greater freedom to engage in public and political speech than those currently serving on active duty. The brief further warns that the government’s position in this case threatens not only Captain Mark Kelly, but retired military personnel across the country who have earned the right to participate fully in public life as citizens.

The filing also details how the actions taken against Captain Kelly have already had a chilling effect on retired service members, including NSL4A members, who now fear that speaking publicly could place their retirement rank, benefits, or standing at risk. According to the declaration submitted by Rear Admiral Michael Smith, retired officers and enlisted leaders have altered speeches, postponed public events, deleted social media posts, limited media engagement, and refrained from commenting on public issues out of concern that they, too, could face retaliation.

That chilling effect cuts directly against NSL4A’s mission. As a nonpartisan network of more than 1,500 former military and civilian national security leaders, including more than 800 retired military members, NSL4A works to educate the public, provide informed national security expertise, and amplify the voices of experienced leaders in defense of democratic norms, constitutional freedoms, and nonpartisan service. When retired military members are intimidated into silence, the public loses access to informed perspectives that are essential to democratic debate.

NSL4A believes the Constitution does not permit the government to penalize retired military personnel for protected speech simply because that speech is critical of those in power. Its amicus brief asks the Court to affirm the district court’s decision and make clear that retired service members remain protected by the First Amendment.