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Judge Blocks West Point Policy That Curbed Civilian Professors’ Speech

The ruling finds West Point’s preapproval and classroom limits likely violate civilian professors’ First Amendment rights and creates a pathway for further legal challenges.

Overview

  • U.S. District Judge Cathy Seibel issued a preliminary injunction Tuesday that prevents West Point from enforcing a February 2025 policy requiring civilian faculty to get prior approval before speaking or publishing in an official capacity.
  • The order also bars the academy from enforcing rules that would stop law professor Tim Bakken from offering his opinions in class on subjects he teaches.
  • Seibel described the restrictions as a “broad and standardless” intrusion and wrote that cadets are “not snowflakes,” saying open debate is necessary to prepare officers.
  • The policies followed a January 2025 executive order by President Donald J. Trump that sought to bar military academies from promoting certain ‘‘divisive’’ theories, and court filings say West Point changed courses and materials to comply.
  • West Point said it will consult the U.S. Department of Justice about next steps while Bakken’s lawyers plan to seek class certification and a permanent injunction, and the government may appeal or pursue other responses.