Posted on Jun 7, 2017
Did any else ever hear, during the course of your service, that you give up some of your rights by being in the military? Do you agree?
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More often than not, this is brought up when it comes to one's fort amendment right to freedom of speech and that having become a service member you are no longer able to express yourselves however you would like. Have you ever ran into this kind of situation and if so do you agree with it?
Constitution
Bill of Rights
Leadership
Posted >1 y ago
Responses: 24
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It's not so much that you lose your rights, but that you are more restricted than civilians. You are able to express yourself however you like, as long as you do it professionally, most times on your own time(not during duty hours), and not in uniform.
I have counseled many soldiers about this. I agree with it, totally.
I have counseled many soldiers about this. I agree with it, totally.
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SSgt Boyd Herrst
I remember that you had to control your tongue when it came to politics, especially when it was about those in federal politics. You could speak about it, them, just as long as it wasn't disparaging...< that was a big no-go..
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I have not personally, but there was recently an example of this with the Navy soldier who decided that to sit during the National Anthem. Big No Go in uniform.
I read in a post recently that we may have freedom of speech, but we do not have freedom of consequences.
I do agree with this. When you wear the uniform you represent more then yourself. You have a right to express yourself, but there is a time and a place.
I read in a post recently that we may have freedom of speech, but we do not have freedom of consequences.
I do agree with this. When you wear the uniform you represent more then yourself. You have a right to express yourself, but there is a time and a place.
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PO3 Andrew Kelly
Now granted my observations on this are 30+ years old but in the 80's you did very much sacrifice some of your 1st amendment rights once you raised your hand to take your oath.
My best example is anything to do with nuclear energy or weapons. In or out of uniform you were forbidden to have any involvement with any anti-nuclear protest on pain of prosecution under the UCMJ. While i was stationed overseas I witnessed one of my friends go through hell and back because he was caught on camera, in civvies, passing through a group of protesters to get on an airbase in England. It took over a dozen interviews with everyone from JAG to Intel and a month of his life to avoid prosecution and loss of his security clearance.
My best example is anything to do with nuclear energy or weapons. In or out of uniform you were forbidden to have any involvement with any anti-nuclear protest on pain of prosecution under the UCMJ. While i was stationed overseas I witnessed one of my friends go through hell and back because he was caught on camera, in civvies, passing through a group of protesters to get on an airbase in England. It took over a dozen interviews with everyone from JAG to Intel and a month of his life to avoid prosecution and loss of his security clearance.
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Sgt Dale Briggs
UCMJ rules are big boy rules, you want to be an individual you came to the wrong place.
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SGT Joseph Gunderson We service members have the same rights as any other citizen.
However...
Article 88 of the UCMJ, 10 U.S.C. 888, makes it a crime for a commissioned military officer to use contemptuous words against the President and Congress, among others. The Department of Defense has also expanded this rule to include all military enlisted personnel (DOD Directive 1344.10). During the Monica Lewinsky scandal, two enlisted members of the military were formally reprimanded for using e-mails to mock President Clinton. Presidents Lincoln, Truman, Carter, Bush, and Obama have all decided to reprimand or remove high ranking officers for public comments that undermine or disobey presidential policy.
Other limits to military free speech include acting disrespectfully to a superior officer, insubordinate conduct, willful disobedience, conduct unbecoming an officer, and conduct prejudicial to good order (bringing disrepute onto themselves and the service) and more. These rules are more accurately described as codes of conduct than limits to free speech.
Reserve Officer Association (ROA) has a great Law Review site for the typical issues.
http://www.roa.org/
However...
Article 88 of the UCMJ, 10 U.S.C. 888, makes it a crime for a commissioned military officer to use contemptuous words against the President and Congress, among others. The Department of Defense has also expanded this rule to include all military enlisted personnel (DOD Directive 1344.10). During the Monica Lewinsky scandal, two enlisted members of the military were formally reprimanded for using e-mails to mock President Clinton. Presidents Lincoln, Truman, Carter, Bush, and Obama have all decided to reprimand or remove high ranking officers for public comments that undermine or disobey presidential policy.
Other limits to military free speech include acting disrespectfully to a superior officer, insubordinate conduct, willful disobedience, conduct unbecoming an officer, and conduct prejudicial to good order (bringing disrepute onto themselves and the service) and more. These rules are more accurately described as codes of conduct than limits to free speech.
Reserve Officer Association (ROA) has a great Law Review site for the typical issues.
http://www.roa.org/
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MCPO Roger Collins
Yes, you do lose some rights, the idea that someone in the military could decide not to obey an order could result in a loss of life. There is a process to address your problems later. I didn't realize there was a regulation that included this restriction on enlisted SMs Apparently many posters on here don't either.
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LTC John Shaw
SGT Joseph Gunderson - doesn't matter if I agree or not. I am respectful in all communication. I don't try to speak for the military or anyone else. When you are in a Command and must speak for the commander, get the JAG and POA approval prior to posting on social media.
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CH (MAJ) Mark Diddle
You raised your right hand. In doing so you agree to abide by the rules and regulations. You aren't asked if you agree or disagree with them.
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