West Point defies federal judge’s speech ruling, prompting legal experts to call it contempt

In September, Judge Cathy Seibel declared West Point’s rule that civilian faculty must get prior approval before speaking publicly unconstitutional and permanently prohibited its enforcement. Despite that, newly obtained memos and emails reveal the academy still mandates legal review and dean authorization for such activities, omitting any reference to the judge’s decision. Three civilian professors corroborated that the approval process is still in effect.

Legal scholars, including David Super and Eugene Fidell, argue the academy is in contempt of the injunction. The policy traces back to a 2025 executive order by Donald Trump directing military academies to suppress “radical” ideas, reinforced by a Pentagon directive cited by Dean Brig. Gen. Nicholas Gist. West Point asserts it complies with both Pentagon guidance and the court order, but must file an appeal by early November, and experts warn further litigation may be required to enforce the ruling.