Key insights
A deadline to appeal a judge’s order overturning sweeping restrictions on civilian faculty at the U.S. Military Academy at West Point passed quietly on Monday without action by the institution, The Washington Post reported.
What this means
West Point in February 2025 began requiring civilian faculty who were speaking in their professional capacity to secure approval from their department heads for engagement with outside audiences, including media interviews, op-eds, social media posts, journal articles and conference presentations. Critics condemned the policy, alleging it chilled faculty speech.
That policy, issued shortly after President Donald Trump took office for the second time, prompted West Point law professor Tim Bakken to accuse the institution and six administrators of unconstitutionally infringing on his First Amendment rights. Bakken alleged in his lawsuit that the policy amounted to censorship of “viewpoints that might be contrary.”
In May, a judge granted Bakken a preliminary injunction against West Point, prevented the academy from enforcing the policy and denied its motion to dismiss the case. The judge noted in her ruling that Bakken was likely to succeed on the merits of his claims.
Although West Point allowed this week’s deadline to appeal the interim ruling to pass unchallenged, litigation between the parties is ongoing.
