State Guard units can’t limit off-duty protests by their troops, National Guard Bureau memo says
Davis Winkie
11 hours ago
The National Guard Bureau has issued a memo instructing state Guard units to stop applying Defense Department restrictions on protest participation to Guard troops who are not on active federal orders, Army Times has learned.
The July 26 memorandum, signed by Air Force Col. Kevin Mulcahy, NGB’s deputy director for manpower and personnel, was filed as part of the government’s response to a federal lawsuit by Army Capt. Alan Kennedy, a Colorado National Guard lawyer. Army Times obtained the memo through court records.
Army Cpt. Alan Kennedy of the Colorado Army National Guard poses for a selfie where he was teargassed on May 30, 2020. He is suing his superiors for allegedly restricting his off-duty freedom of speech. (Courtesy of Alan Kennedy)
Colorado Guard JAG officer suing superiors over his participation in BLM protests
Army Capt. Alan Kennedy, a part-time JAG in the Colorado National Guard, is suing his superiors for giving him discipline and reprimands he claims limited his off-duty freedom of speech.
Davis Winkie
The memo clarifies that Defense Department Instruction 1325.06, “Handling Dissident and Protest Activities Among Members of the Armed Forces,” does not apply to National Guard troops who are not “in a Title 10 duty status under federal command and control.”
https://www.armytimes.com/news/your-army/2021/08/06/state-guard-units-cant-limit-off-duty-protests-by-their-troops-national-guard-bureau-memo-says/
