José Mena Aguado is apparently being punished on the basis of article 7.31 of the Ley Orgánica del Régimen Disciplinario de las Fuerzas Armadas, which requires neutrality of soldiers with respect to the various political alternatives. Since article 8.1 of the constitution requires the armed forces to defend Spain’s territorial integrity and the constitutional order, and since that’s all Mena did in his speech, then I figure that the law in question must be unconstitutional.
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