Texas Rep. Demands Department Of Defense Re-Affirm First Amendment After Air Force-SJSU Shirt Controversy

Last month, OutKick exclusively reported that an Air Force Academy graduate was denied entry into a volleyball match against San Jose State, which has transgender player Blaire Fleming, unless he covered up his t-shirt that read "Keep Women's Sports Female." 

Security officials told the graduate, John Kopecky ('02), that he couldn't display the shirt during the match because it was "political" and not allowed. 

In addition, OutKick also reported that another fan wore a "Pride" shirt with an Air Force logo and faced no such backlash from security. 

Air Force Academy Athletic Director Nathan Pines later apologized to Kopecky for the actions of security. 

However, Texas Congressman August Pfluger, an Air Force graduate who still serves as a Colonel in the Air Force Reserves, isn't satisfied with an apology from the school's AD. 

He believes that due to the nature of the incident, leadership at the U.S. Department of Defense needs to re-affirm its unwavering belief in the First Amendment. 

"We want the [Department of Defense] to clarify their position because, while there are certain things that uniformed personnel can't and shouldn't be doing with regard to political involvement – especially while they're wearing the uniform – spectators at events have every right to wear shirts that are political and that state positions that could be construed as political as long as they don't cross a line," Pfluger said during an interview with OutKick. 

Pfluger wrote a letter addressed to the Secretary of Defense, Lloyd J. Austin III, and the Secretary of the Air Force, Frank Kendall, on October 30. 

"This censorship of Kopecky’s First Amendment freedom is concerning, especially now that it has been reported that equally ‘political’ shirts, like an Air Force pride shirt, were allowed to be worn," the letter states.

Pfluger referenced OutKick's reporting in the letter, in which he further pressed the two men on what appeared to be the suppression of free speech on the campus of the Air Force Academy. 

"The USAFA is not the judge of what constitutes "political" speech and should not arbitrarily decide what "political" messages can or cannot be displayed," the letter says. 

"By selectively enforcing what constitutes a political message, the USAFA is actively policing First Amendment freedoms that they swear to protect as members of the Armed Forces." 

While speaking with OutKick, Pfluger noted that there seems to be a concerted effort to suppress speech, but it seems to apply to only one side of the political aisle

"Unfortunately, what we have seen over the past 3 or 4 years and heard through stories of literally hundreds, if not thousands of people, is that there is a suppression of conservative thinking and conservative voices," the Texas Congressman said. 

"We need to re-implement the First Amendment and ensure that… our military is not politicized in any way," he continued. 

"But [service members] do have the right to speak their mind within the bounds of wearing the uniform, and they have the right to have their own thoughts without fear of retribution, persecution or any derogatory actions against them." 

While Pfluger said that the Air Force Academy should allow fans at sporting events to display "political messages," he acknowledged that a shirt that says "Keep Women's Sports Female" is not inherently political.

"The alleged actions by the security officials at the Air Force Academy [showed that they] tried to connect [the shirt] to a political ideology, which I believe is false. But, even if it was, it should still be allowed in the arena… as long as it's not profane or lewd or threatening," he said.

Finally, Pfluger emphasized that the key here is transparency by the United States Government to its people. 

"The Department of the Air Force, the Department of Defense and the Air Force Academy need to be transparent. They need to unequivocally reaffirm First Amendment rights and support and defend the Constitution on this one," he said. 

"We're looking for a very transparent reply from all parties involved here… and I believe we'll get that. But we're not going to stop until we do."