Senator Mark Kelly Sues Pentagon Over Alleged Free Speech Retaliation. U.S. Senator Mark Kelly has filed a lawsuit against Defense Secretary Pete Hegseth, accusing the Pentagon of violating his First Amendment rights. Kelly, a retired Navy captain and former astronaut, says the Defense Department moved to demote him in retaliation for speaking out. The dispute centers on a video where Kelly reminded service members that they have a legal duty to refuse unlawful orders. According to the lawsuit, the Pentagon's actions amount to punishment for protected speech. Kelly is asking a federal judge to block the review of his rank and declare the process illegal. A hearing is scheduled for Thursday. Hegseth previously accused Kelly of "conduct unbecoming an officer," citing his public criticism of military leadership. Kelly warns the case sends a dangerous message to retired service members: speak up, and risk being silenced.