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                                 Thomas Robertson wore a

Does the First Amendment Protect Military Extremism?

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2024-11-13 23:00:04

Published by The Lawfare Institute in Cooperation With

Thomas Robertson wore a gas mask on Jan. 6, 2021, when he entered the Capitol Building while brandishing a wooden stick. He proceeded to confront police officers, take videos while inside the Capitol, and make obscene gestures in front of a statue depicting a Revolutionary War general. He initially received a sentence of 87 months, which was later reduced to 72 months following Fischer v. United States. His case, while troubling enough for the constitutional system and the peaceful transfer of power, also presented a more profound concern: Robertson served on active duty in the U.S. Army before becoming a police officer in Virginia. He had training as an infantryman and military police officer and was also deployed to Iraq and Afghanistan. His service, however, did not prevent his criminal actions and efforts to engage in, according to his own words, a “counterinsurgency” against his own country.

Robertson is just one of the more than 80 current and prior members of the U.S. military who were charged in connection with the attack on the Capitol, igniting intense discussions about the scope of extremism within the military. In response, Congress proposed military law reform and affirmative requirements for the Department of Defense to investigate and report to Congress on extremism cases within the department’s ranks.

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