West Point Restriction on Civilian Faculty Speech Overturned

The U.S. Military Academy at West Point can’t enforce against its civilian faculty a policy requiring preapproval for their speech and writing, a judge ruled Tuesday.

In February 2025, West Point issued a policy requiring faculty, “while on duty or when using any USMA affiliation or branding,” to get department head approval for any “engagements” with external audiences concerning their own academic disciplines. This included—but wasn’t limited to—journal articles, conference presentations, media interviews, op-eds and social media posts, the academy said.

That policy appeared shortly after President Trump returned to the White House and issued an executive order banning West Point, the U.S. Naval Academy and the U.S. Air Force Academy from “promoting, advancing, or otherwise inculcating … un-American, divisive, discriminatory, radical, extremist, and irrational theories.” The theories Trump listed were “divisive concepts,” “gender ideology,” race or sex “stereotyping” and “scapegoating,” and the idea “that America’s founding documents are racist or sexist.”

Two days after the executive order, Defense Secretary Pete Hegseth commanded the service academies to “teach that America and its founding documents remain the most powerful force for good in human history.” He also banned instruction on critical race theory and diversity, equity and inclusion.

In September, West Point law professor Tim Bakken sued the academy and six of its leaders in U.S. District Court for the Southern District of New York over the preapproval policy and an address by West Point Academic Board dean Brig. Gen. Shane Reeves, who told faculty that they shouldn’t “advocate for a particular position or ideology” in the classroom.

Judge Cathy Seibel issued a preliminary injunction Tuesday in Bakken’s favor, finding that the preapproval policy likely violates the First Amendment and can’t be applied to any civilian faculty. The ruling further forbade the academy from restraining Bakken “from expressing or offering his opinions, beliefs or views to his students on the subjects he teaches.”

“No real justification for the Classroom Directive has been provided,” Seibel wrote. “And it is nonsensical if the mission is to prepare the nation’s future military officers. For genuine strength and leadership to result, cadets must be exposed to a variety of viewpoints and trained to think critically about them. West Point cadets are already, by definition, smart, tough and patriotic. They are not snowflakes who will somehow be harmed by learning about controversial issues or competing viewpoints.”

In an email, West Point Media Relations wrote, “In accordance with standing procedures, the Academy does not comment on current litigation.” The academy didn’t say whether it intends to appeal.