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Experts say Pentagon faces roadblocks to severely punishing service members for disparaging Charlie Kirk

Several service members face investigation or suspension for social media posts criticizing Charlie Kirk. While Defense Secretary Pete Hegseth and other officials promised action, legal experts question the military's authority to take significant action. Retired military judge Don Christensen notes that while service members have fewer First Amendment rights, prosecuting them under the Uniform Code of Military Justice (UCMJ) is legally challenging. Articles 133 and 134 of the UCMJ are cited, but their application in this context is murky. Legal scholars warn of potential unlawful command influence and the chilling effect of such actions on free speech.

Prepared by Lauren Mitchell and reviewed by editorial team.

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