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In reply to the discussion: 'F*ck You Guys!' Sen. Gallego Goes Nuclear On Pete Hegseth Investigating Mark Kelly [View all]Bluetus
(1,998 posts)Let us be clear. Every citizen has a right to speak the truth under the First Amendment. Active duty soldiers may have that right restricted by the UCMJ. And this may apply to Kelly as retired receiving pension benefits, which is why they are only going against Kelly and not the other 5 who discharged before earning a pension. Nonetheless, Kelly did nothing in violation of UCMJ.
The issue here has nothing to do with rights, other than free speech. The issue is RESPONSIBILITIES. Everybody on active duty IS subject to UCMJ, and Article 92 of the UCMJ requires service members to obey lawful orders and disobey unlawful ones. It is a requirement, a responsibility, not a right.
This article summarizes the practicalities ofArticle 92.
https://mattbarrylaw.com/2024/11/10/unlawful-orders-in-the-military/