Tuesday, July 22, 2003

ANOTHER STORY ON THE QUESTION OF SOLDIERS SPEAKING THEIR MINDS.

Free speech has always been a sensitive issue in the military, where divulging secrets may put lives at risk or excessive complaining might undermine discipline in a unit. There are few regulations restricting the First Amendment rights of servicemembers.

Article 88 of the Uniform Code of Military Justice and other directives do forbid officers and enlisted soldiers from speaking contemptuously of a specific group of officials, though the last time a military court prosecuted someone for violating it was in 1965.

And what does the Uniform Code of Military Justice say on this topic?

“Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.”

Note that only commissioned officers can be charged with this offense.

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