USNA disenrollment lawsuit

Standage v. Braithwaite, No. ELH-20-2830, (D.C. MD Dec. 22, 2020). This is the lawsuit filed by Midshipman Standage t declaratory and injunctive relief regarding his recommended disenrollment from the Naval Academy. The suit was dismissed without prejudice as not yet ripe.

Standage was the subject of Academy disciplinary actions because he was accused of sending “racist” and “insensitive” tweets about BLM and the various “riots’ around the country. The evidence is a little unclear but it appears he never was identified as a midshipman or member of the USNA.

He claims, basically that the actions violated the APA and his First Amendment rights. Reference is made in the opinion that a midshipman’s speech is not completely restricted.

The Assistant Secretary of the Navy has his disenrollment for decision, which is why the judge found his case not ripe.

Bottom line the case is an interesting look at how a federal judge looks at military constraints on speech.

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