Judge Declares West Point Faculty Gag Order Unconstitutional

The U.S. Military Academy at West Point cannot restrict what civilian faculty write or say publicly, a federal court judge ruled Tuesday. The ruling permanently overturns a sweeping policy that required faculty members speaking in their professional capacity to seek prior approval for any external speech, including journal publications, media interviews and blog and social media posts. 

U.S. District Court Judge Cathy Seibel, a George W. Bush appointee, sided with Tim Bakken, the West Point law professor who sued the academy in September 2025, arguing the new policy was unconstitutional. In Tuesday’s ruling, Seibel agreed the policy violates the First Amendment. She also ruled that West Point may not prevent Bakken from “expressing or offering” his opinions or beliefs about the subject matter under discussion during his classes.

“As much or more than anyone, college professors have the responsibility to search for truth,” Bakken told The Washington Post. “West Point professors can now get back to work with less fear of punishment simply for speaking according to their conscience.”

West Point could appeal the decision. The academy declined to appeal the preliminary injunction granted in May, letting the July deadline pass without action. Spokespeople for West Point did not return Inside Higher Ed’s request for comment.