I don't think this works. The Bill of Rights supersedes everything else. If we took a perfectly strict and literal interpretation of the First Amendment, that would overrule any disciplinary action directed at this high-ranking general, because his actions are protected by free speech.
If we were to apply it with no exceptions, there would be NO EXCEPTIONS, and no other laws, rules or agreements would be able to overrule it.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
If the U.S. military requires its generals (as a condition of their employment and their access to top-secret info) to not give away top-secret info, and it prosecutes those who break this agreement, this is clearly not Congress making any kind of law and therefore is not prohibited by the above, so in fact a perfectly strict and literal interpretation of the First Amendment would conclude that this is totally legitimate.
Comments
I don't think this works. The Bill of Rights supersedes everything else. If we took a perfectly strict and literal interpretation of the First Amendment, that would overrule any disciplinary action directed at this high-ranking general, because his actions are protected by free speech.
If we were to apply it with no exceptions, there would be NO EXCEPTIONS, and no other laws, rules or agreements would be able to overrule it.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
If the U.S. military requires its generals (as a condition of their employment and their access to top-secret info) to not give away top-secret info, and it prosecutes those who break this agreement, this is clearly not Congress making any kind of law and therefore is not prohibited by the above, so in fact a perfectly strict and literal interpretation of the First Amendment would conclude that this is totally legitimate.