The oath says to uphold the Constitution, no?? The first amendment gives him a right to petition the government for a redress of grievances.
The oath says to support and defend, not interpret.
The first amendment gives him a right to petition the government for a redress of grievances.
Petition is one thing. Refusing to obey the orders of his commanding officer and other superior officers in the chain of command is another. Just as in the civilian world, the 1st Amendment gives you the right to petition the government but does not give you the right to break the law while doing so.