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West Point hit with lawsuit by professor alleging free speech violation

Phil Stewart
Last updated: September 23, 2025 12:45 am
Phil Stewart
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By Phil Stewart

WASHINGTON (Reuters) -The longest-ever serving law professor at the U.S. Military Academy at West Point is suing the elite Army institution over an alleged violation of his free-speech rights under the U.S. Constitution, according to a lawsuit filed on Monday.

The lawsuit is the latest allegation of suppression of speech and the free-flow of ideas at U.S. military’s academies since President Donald Trump returned to office in January, and follows cases of books on topics including race and gender being pulled from U.S. military academy libraries over their contents.

Tim Bakken, a civilian law professor, filed the lawsuit in a federal court in New York seeking class action status against West Point leadership and accusing the academy of “censoring and suppressing speech on the basis of its content and viewpoint.”

“This is an action that seeks to defend and protect the fundamental right to freedom of speech, as embodied in the First Amendment to the Constitution, and the right to academic freedom, which is essential to a robust marketplace of ideas, an educated citizenry, and the flourishing of our republic,” the lawsuit states.

West Point did not immediately respond to a request for comment.

Bakken’s lawsuit alleges that West Point issued an “Academic Engagement Policy” on February 13 which requires faculty to get prior approval before speaking publicly or publishing in an official capacity.

When Bakken argued it was unconstitutional, a deputy department head “turned red, pounded the table, and admonished that (Bakken) must obey the regulation,” according to the complaint.

Earlier this year, Bakken requested permission to attend a conference and present a paper later in the year.

“What is the title?” the program director at the academy’s law program responded, according to the lawsuit. Bakken never previously received such an inquiry, the lawsuit says, and when he followed up, there was no specific guidance given on what speech was not allowed.

The lawsuit came as U.S. media organizations also raise free speech concerns after the Pentagon announced on Friday restrictions on media coverage of the U.S. military, requiring news organizations to agree they will not disclose information that the government has not approved for release.

In a memo on Friday, the Department of Defense said journalists who publish unauthorized sensitive material could have their press credentials revoked. Media advocates said the restrictions would stifle independent reporting.

The Pentagon is also taking swift disciplinary action against U.S. troops over social media posts linked to this month’s assassination of conservative activist Charlie Kirk, Reuters has reported.

West Point and other U.S. military academies have been at the center of culture war issues that have been the focus of U.S. Defense Secretary Pete Hegseth, a fierce opponent of diversity, equity and inclusion initiatives in the military.

Hegseth argues that discussions surrounding diversity divide the military. Under his watch, the Pentagon has purged language he deems divisive from websites and U.S. military facilities. He has also banned celebrations like Black History Month and Women’s History Month.

Earlier this year, U.S. military academies agreed to no longer consider race as a factor in admissions as the military schools had long done to boost enrollment of Black, Hispanic and other minorities.

Trump has ordered the Department of Defense to rename itself the Department of War, a change that will require action by Congress.

(Reporting by Phil Stewart; Editing by Lincoln Feast.)

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TAGGED:free-speech rightslawsuit filedmilitary academiesMilitary AcademyPresident Donald TrumpThe PentagonTim Bakken
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