Do military members have the right of free speech?

2015-10-17T15:50:13-04:00

http://www.mcclatchydc.com/news/nation-world/national/article39416667.html

Top military court confronts free-speech vs. presidential threats case

Missouri resident Eric L. Rapert left the Army under a cloud, court-martialed on charges that including making what sounded like racist threats against President Barack Obama.

Response by SFC Everett Oliver made Oct 17 at 2015 3:56 PM

2015-10-17T15:56:01-04:00

I always felt that we gave up several of our rights as long as we wore the uniform...Or represented it....

Response by LCDR Private RallyPoint Member made Oct 17 at 2015 3:58 PM

2015-10-17T15:58:45-04:00

They have the right to SOME free speech, and many have gotten away with things that we don't have the right to. We also are not supposed to use our positions to pursue or progress a political agenda. The fact that some have gotten away with this makes it hard to understand/enforce, but we give up a lot of those rights while we're active duty, and everyone should understand that.

Response by LTC Stephen F. made Oct 17 at 2015 4:50 PM

2015-10-17T16:50:37-04:00

Military members on active duty have limited free speech SSgt Alex Robinson.
They are not permitted to communication operational information on current or future operations or past operations without specific permission and guidance on what is releasable.
They are not permitted to discuss classified information or confirm open source information.
They are not allowed to endorse anything or anyone while in uniform.
They are not permitted to be in uniform with anybody running for office at campaign events, etc.
See the UCMJ and talk to your PAO before you discuss anything.

Response by SGT Christopher Churilla made Oct 17 at 2015 5:29 PM

2015-10-17T17:29:05-04:00

If there's one thing I've learned from almost 12 years of EO briefings, is that one's intent when expressing oneself is secondary to how it is received. Had I been present when he made those remarks, I definitely would've been concerned.

Response by CPT Jack Durish made Oct 17 at 2015 7:21 PM

2015-10-17T19:21:19-04:00

It seems that threats rather than "free speech" are more at issue in this case. Making threats against a President is, I believe, a violation of federal law. That's why there's discussion of "state of mind", "ability to act on the threat, and other issues that have nothing to do with free speech.

That being said, I have never fully understood the premise that military personnel on active duty have a restriction on their rights to free speech, to petition the government, to seek redress of grievances. Commissioned officers are limited agents of the US government and must be circumspect in their writings and utterances to prevent any misunderstanding as to whether they are speaking on behalf of the government or as citizens. I don't believe that enlisted personnel have that issue to contend with.

That being said, all military personnel subject to UCMJ must be careful that their writings and utterances cannot be deemed as inciting mutiny or breaching the good order and discipline of the military. Other than that, have at it but be forewarned that you may be called upon to defend your writings and utterances...

Response by SFC Wade W. made Oct 17 at 2015 7:38 PM

2015-10-17T19:38:50-04:00

No.

Response by PO3 Sherry Thornburg made Oct 20 at 2015 12:34 AM

2015-10-20T00:34:46-04:00

Free speech does come with a few caviots. You are free to say all kiinds of stuff, but there are consequences to saying some things.

Response by SFC Curtis Halford (Ret) made May 17 at 2016 10:10 AM

2016-05-17T10:10:48-04:00

http://cape.army.mil/repository/materials/WhenSoldiersSpeakOut.pdf