There are multiple military directives and regulations that limit service members’ free speech rights. These are found within Defense Department Directives and Uniform Code of Military Justice (UCMJ). Outside of the military, much of these restrictions would be allowed unconstitutional. However, courts tend to defer to the military’s courts, so these limitations have continued. Congress enacted the UCMJ in 1950. Listed in the UCMJ are the “Punitive Articles.” [8] This section includes four specifically criticized articles. These are Article 134; Article 133, Conduct Unbecoming an Officer and a Gentleman; Article 92, Failure to Obey Order or Regulation; and Article 88, Contempt Toward Officials. [8]
I. Free speech court cases that have resulting UCMJ Regulations.
U.S. v. Howe
In 1967, 2nd Lt. Henry H. Howe was convicted in a court martial for using contemptuous words towards the president and behavior inappropriate for an officer and a gentleman. This resulting from his participation during a Vietnam War protest. Howe was sighted walking with protesters, holding a sign that read, “LET’S HAVE MORE THAN A ‘CHOICE’ BETWEEN PETTY, IGNORANT, FACISTS in 1968” on the front and “END JOHNSON’S FACIST AGRESSION IN VIETNAM” on the back. [9] Howe did not organize the protest, but joined in as it progressed. He was also not on duty and not wearing a uniform.
He appealed to the U.S. Court of Military Appeals, stating that his charges violated the First Amendment. The court spoke of the judicial history of Article 88 and its precedent, and noted that “the evil which Article 88 seeks to avoid is the impairment of discipline and the promotion of insubordination by an officer of the military service in using contemptuous words toward the Presi...
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...arching Uniform Code of Military justice and DoD directives it is apparent that the First Amendment free speech guarantees within the U.S Constitution can and have been curtailed for military operational success. This includes preventing dissidence, disobedience, and exposure. Specifically, it should be noted that many service members are unaware of the speech limitations enforced by UCMJ articles 88, 92, 133, and 134. Further, the actions of military personnel online in blogs and chatrooms – despite the lack of intense regulations on civilians – can prove damaging to their career. Lastly, it is interesting to learn that while deployed at sea or in a combat zone, military personnel are received censored television and radio. Ultimately, the utility of all of this censorship must be weighed against the real, potential damages that a lack of censorship would inflict.
An appeal was filed because Schenck and his counsel believed that the Espionage Act was unconstitutional due to its violation of the First Amendment. The United States asserted that Schenck violated the act by conspiring “to cause insubordination … in the military and naval forces of the United States.” Schenck also believed that the military draft was a slave-like institution and that it infringed upon the 14th amendment.
This Code mingled old laws with new ones (Pound 2002). Under the new, commanding officers retained much power. This includes the responsibility to convene court-martials and choose jury panels. New checks were introduced, however, and these were similar to civilian procedures. The new Code created a formal appellate review system, which included the US Court of Military Appeals, now known as the Court of Appeals for the Armed Forces. More importantly, it expanded protections. It gave serviceman the right to remain silent and to be informed that any statement could be used against them at court-martial. The Code also gave them free military defense counsel in serious court-martial trials. From 1968 to 1983, court-martial t...
The question in this case was whether or not the president had the power to order a trial by military for a group of German Nazi saboteurs, and whether or not that violated their fifth and sixth amendment rights. The agents attempted to sabotage various US targets, but failed. They were arrested and ordered by President Franklin Roosevelt to stand trial by military commission. They were all found guilty and sentenced to death. Seven of the eight agents filed a writ of habeas corpus directly to the Supreme Court, who decided to hear the
In September 2011, the United States lifted the “Don’t Ask, Don’t Tell” policy (DADT), which restricted gay, lesbian, and bisexuals from openly serving in the military. This was the first time in American history in which people of every sexual orientation could serve openly (“11 Facts About,” n.d.). This was a momentous occasion for some and not so much for others. For those military members that had served in secret and those members that were firmly against gays and lesbians, this repeal had different meaning. Both groups contained members that have served in the military for years and were products of the Former President Bill Clinton’s 1993 “Don’t Ask, Don’t Tell” policy. For many soldiers of this era, communication issues arose due to a pre-existing mentality, learned rules and regulations in services reinforced for two decades and the general cultural within combat related fields.
The military since the Colonial Era has been an impetus for social reform in the United States. The Revolutionary War afforded Black Americans an opportunity to escape from the toils of slavery and fight for freedom. Some Black Americans even earned their freedom by fighting for the Colonists, but still the freedom they fought for wasn’t their own. However, the military was responsible for the freedom of many slaves and some of these freed slaves became legendary soldiers like Salem Poor. His performance in battle gave credibility for future arguments about blacks being allowed to serve.
Wartime especially brings these questions to the forefront. When peoples lives are at stake, often standard rules of morality must either be reconsidered or suspended. Wartime is also the only situation in which the government could get the support of such practices from a constituency with a free press. Practiced responsibly, censorship and manipulation can be quite effective. Although, there is always the legitimate fear of the slippery slope.
Fight to end censorship treaded on steadily, until 1971, when it was found out that even the government couldn’t be fully trusted. In 1971, the Pentagon Affair arose. It revealed many abuses in security during the Vietnam War. It thus fell upon them to prove that classified information is essential military, domestic...
I suppose the Servicemen Readjustment Act of 1944 -- commonly known as the GI bill -- played no role in the advancement of the middle class and the economy?
A situation like this really sheds some light on the animalistic mentality of war. William Calley was a man void of any real sense of reality or morality. During the course of the Vietnam war, watching fellow comrades dying left and right, twisted his mind into a type of killing machine. What he did was horrendous and he should never had been pardoned from his sentence. But perhaps the real problem is war itself. Under such circumstances, anyone could turn into the monster he became. Forgive it, understand it, or loathe it, My Lai will always serve as a reminder of American's tragic involvement in Vietnam.
Throughout the military and the Army there many different regulations and rules to live by also known as custom courtesies that every soldier must follow in order to show the proper respect order and discipline as they then move on with their daily lives. Custom courtesies are put into place to give the proper respect for noncommissioned officers and the officers placed above them.AR 600 – 25 customs and courtesies is considered to many to be the foundation pillars of military life and major fundamentals to the methods that the Army conducts its business. Some of these fundamentals being as old as the Army itself with many of them coming from past traditions such as the Army values that we base most of what we do on. Many of these traditions having been established due to past military history and regulations that are being formed today in different ways to help soldiers to better understand how the way Army wants them to be acting in a particular manner over a long period of time. These custom and courtesies not only form the way a soldier acts upon his or her professional life but also his or her social life as a way of maintaining discipline. Customs is a means of doing something that has been done over a long period of time by select few for a large group of many. As a courtesy is a form of polite behavior and excellent manners given from one person to another session is saluting or even holding a door for someone. Even when our custom and courtesies are seemed to be strange by civilians is what sets a soldier and a civilian a part on more levels than one. As most of these means of acting are not found in civilian life as it does not require special behavior and maintain a certain level respect and professionalism.
The Compilation of the Military Selective Service Act (2012) says: “[Anyone] who forges, alters, knowingly destroys, knowingly mutilates, or in any manner changes any such certificate or any notation duly and validly inscribed thereon… [will] be fined not to exceed $10,000 or be imprisoned for not more than five years, or both.” As cited in Almanac (1965), O’Brien was then punished under the Youth Correction Act with six years in the custody of the Attorney General and the 1st Circuit Court of Appeals detained that the 1965 amendment was an unconstitutional abridgement of free speech and reversed the conviction. It also held that O 'Brien had violated a Selective Service System ruling requiring registrants to maintain their draft cards in their possession at all times, and it confirmed O 'Brien 's conviction under that regulation. O 'Brien had not been indicted or tried for that offense, which the circuit court considered a lesser included offense (as cited in Almanac, 1965). The act O’Brien along with others had done defined the rules and regulations in the protection of symbol of speech and with a more accurate description. These rules and regulations gives people in idea of what symbolic speech really is and what exactly is protected under it. Symbolic speech is defined as the expression of ideas and information
Nowadays, the media uses bias, distortion, and censorship as a way to manipulate public opinion. Censorship alone is becoming a huge issue due to technological advances. What would have been censored ten years ago, may not be censored today and if it were still censored there would be a way to find it on the internet. In a blog post by University of Central Florida student Diara Cornish titled Media Censorship, Now and Then discusses censorship within media and the effect that media has on children of this technological era. As time goes on censorship along with media has evolved, however; we still come across issues with what should be censored and what should not be. In the source titled “The War Photo No One Would Publish”, by Tori Rose DeGhett we come to understand that censorship guidelines may actually be hiding valuable information from the public. Censorship came about as a way to shield those who are vulnerable from something that may cause them trauma, but this in turn only dulls and hinders the development of an emotional understanding. Guidelines
Earlier in March 2014 the senior leadership of the Air Force, to include the Secretary of the Air Force, the Chief of Staff, and the Chief Master Sergeant of the Air Force, made a statement to all airmen. They stated that “being an Airman is more than a job, when we voluntarily raised our right hands and took an oath to support and defend the Constitution, we became members of the profession of arms”, they also said that along with our profession of arms we are given and accept a sacred trust given to us by the American people, that to be worthy of this trust we must “build our lives and shape our service on the foundation of our core values”, and that when Airmen fail to live up to our core values, the reputation of all who serve is tarnished” (letter to airman, Mar 2014). Recently, I was tasked to deliver a briefing for the J3 monthly training day. This tasking was a result of my negligence in updating a certain system that is vital to the J3 watch floor. My briefing, although filled with correct information and guidance, was also slaked with profanity and unprofessional gestures. Regardless of any circumstances that may have been the cause for these actions, the actions needed correction. Correction was given, which was responded to by more profanity and provoking actions. After I showed such disrespect to my non-commissioned officer in charge, he escorted me to my supervisor and my actions were made known to him. During this time I was still acting very contentious and disrespectful, making snide comments and standing with such contempt as if to say “are you done now”. This of course escalated into more serious action by my leadership which very well could have been avoided had I done my duty correctly in the first place. The...
Military Discipline is a state of order and obedience existing within a command. It involves the ready subordination of the will of the individual for the good of the group. Military discipline is an extension and specialized application of the discipline demands habitual but reasoned obedience that preserves initiative and functions unfalteringly even in the absence of the commander. Discipline is created within a command by instilling a sense of confidence and responsibility in each individual.
Military Discipline is a state of order and obedience existing within a command. Self discipline in the military is where soldiers do the 4 rights without being told, even in the absence of the commander. Discipline is created within a unit by instilling a sense of confidence and responsibility in each individual. To strengthen discipline, senior leaders need to give praise to their subordinates, either individually or as a whole, for tasks done well. By doing this, it will accomplish every commanders goal of having a unit that functions well and builds a bond which binds together the team. Everything in life requires some sort of discipline. Whether it is hitting a baseball, learning to sew , playing a musical instrument, making good grades or brushing your teeth it all comes down to a matter of discipline.