In early 2021, retired Senior Master Sergeant (SMSgt) Fish, USAF, invited Jace Yarbrough to preside over his retirement ceremony aboard the decommissioned Battleship Missouri Memorial, a private museum in Pearl Harbor, Hawaii. Mr. Yarbrough participated in the ceremony in his personal, civilian capacity and delivered his remarks on private property, recognizing SMSgt Fish’s honorable service.
The private military retirement ceremony consisted of 25 people, half of whom were the retiree’s colleagues, family, and close friends who share the beliefs and values of both SMSgt Fish and Mr. Yarbrough. But after one Navy service member in attendance complained about the content of Mr. Yarbrough’s speech, the Air Force issued Mr. Yarbrough a Letter of Admonishment.
In his speech, Mr. Yarbrough warned of our society’s militant disregard for truth. He quoted Aleksandr Solzhenitsyn, a prominent Russian writer, Soviet dissident, Christian, and critic of communism: “let the lie come, but not through me,” – a statement that should not be threatening and is entirely consistent with the Air Force’s core value of “integrity.” He warned about the politicization within the military and encouraged longstanding and widely admired military values including honesty, integrity, courage, and competence—the same values he saw exemplified during SMSgt Fish’s career.
Thus far, after multiple administrative appeals up the chain of command, the Air Force has refused to rescind the discipline which will continue to have a significant negative impact on Mr. Yarbrough’s military and civilian careers.
In October 2023, First Liberty Institute along with the law firms of Winston & Strawn LLP and the Ave Maria School of Law Veterans and Servicemembers Law Clinic filed suit against the Air Force calling for the court to set aside the discipline issued to Mr. Yarbrough. No one’s military career should end simply because someone was offended by the words in a constitutionally protected speech.
Then in September 2025, the United States District Court for the Eastern District of Texas denied the motion to dismiss the case, allowing Mr. Yarbrough’s case to proceed.
“This decision gets us one step closer to victory for Jace. It sends a message to the U.S. Air Force that punishing Jace for his private religious exercise and private speech while acting as a private citizen in a private venue is a violation of his constitutional rights,” said Erin Smith, Associate Counsel for First Liberty Institute. “We look forward to making our case that no servicemember should be punished for his or her private religious speech. The Air Force’s punishment of Jace is a perfect example of the very cancel culture he warned about in his speech.”
“Our clinical students devoted hundreds of hours fighting this motion to dismiss and defending Jace’s right to express his religious beliefs without penalty,” stated Antony Kolenc, Clinical Professor of Law and Director of the Veterans and Servicemembers Law Clinic at Ave Maria School of Law. “We are optimistic that Jace will prevail on the merits of his claims, and we hope that this Administration’s renewed focus on religious liberty in the military will eventually clear his record of this unjust discipline.”
News Release
For Immediate Release: 9.15.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Lisa Johnston, ljohnston@avemaria.edu
Mobile: 239-687-5443
Air Force Reservist’s Federal Lawsuit Moves Forward After Federal Court Denies Motion to Dismiss the Case
Space Force Reservist was given a Letter of Admonishment for quoting Russian dissident and Christian Aleksandr Solzhenitsyn at a retirement ceremony.
Plano, TX— First Liberty Institute, the law firm Winston & Strawn LLP, and the Ave Maria School of Law Veterans and Servicemembers Law Clinic announced that the lawsuit against the Department of the Air Force and U.S. Space Force on behalf of Jace Yarbrough, a Space Force reservist, can proceed after the motion to dismiss the case was denied by the United States District Court for the Eastern District of Texas.
“This decision gets us one step closer to victory for Jace. It sends a message to the U.S. Air Force that punishing Jace for his private religious exercise and private speech while acting as a private citizen in a private venue is a violation of his constitutional rights,” said Erin Smith, Associate Counsel for First Liberty Institute. “We look forward to making our case that no servicemember should be punished for his or her private religious speech. The Air Force’s punishment of Jace is a perfect example of the very cancel culture he warned about in his speech.”
“Our clinical students devoted hundreds of hours fighting this motion to dismiss and defending Jace’s right to express his religious beliefs without penalty,” stated Antony Kolenc, Clinical Professor of Law and Director of the Veterans and Servicemembers Law Clinic at Ave Maria School of Law. “We are optimistic that Jace will prevail on the merits of his claims, and we hope that this Administration’s renewed focus on religious liberty in the military will eventually clear his record of this unjust discipline.”
In early 2021, Mr. Yarbrough was invited to participate in the retirement ceremony of a fellow servicemember aboard the privately owned and operated Battleship Missouri Memorial, in Pearl Harbor, Hawaii. Mr. Yarbrough agreed to recognize SMSgt Duane Fish’s honorable service and delivered his remarks in uniform to a small group of like-minded friends and family. Mr. Yarbrough traveled to, attended, and spoke at SMSgt Fish’s retirement ceremony at his own expense and in his capacity as a friend and private citizen. Nevertheless, the Air Force issued Mr. Yarbrough a Letter of Admonishment (“LOA”) after certain military members present at the ceremony complained about the content of Mr. Yarbrough’s speech, which included quotes from Soviet dissident and Christian Alexander Solzhenitsyn, and addressed public concerns regarding the present state of the military culture. Unless the LOA is rescinded, it will continue to adversely impact Mr. Yarbrough’s career.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
About Ave Maria School of Law
Ave Maria School of Law forms lawyers of professional excellence through a legal education rooted in the Catholic Faith. Inspired by Pope John Paul II’s Fides et Ratio, we provide a distinctive formation in the harmony of faith and reason, affirming the natural law written on the human heart as the secure foundation for freedom. In doing so, Ave Maria provides students with a traditional legal education while emphasizing how the law intersects with the Catholic intellectual tradition and natural law philosophy.”
To arrange an interview, contact Lisa Johnston at ljohnston@avemarialaw.edu or 239-687-5443.
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