Is RallyPoint a "free forum"?

TSgt John Temblador, PI, CIPA — Fri, 30 Oct 2015 13:03:12 -0400

Freedom of speech is a guaranteed right for all United States citizens, in accordance with the Constitution. However, members of the military do face certain context-based restrictions on how they exercise that right.

Limits to Free Speech

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.

Free Speech and the Constitution

“Free speech” as enshrined in the First Amendment raises intriguing issues for the military. In 1968, twenty-seven enlisted military men were arrested for violating military rules against otherwise free speech. The group continued their activities in a San Francisco Army stockade, where they essentially went on strike, and demanded free access to the press and civilian lawyers. Another case in 1968 resulted in an officer being arrested and convicted for attacking President Johnson as a “fascist," even though he was not on active duty but a reserve officer.

The recently repealed “Don’t Ask, Don’t Tell” Act (DADT) was a good example of a military policy that many in military service have strong opinions about, but feel they cannot express these opinions usefully without harming their team or mission cohesion.

Outlets

Many national polling organizations regularly interview members of the military, such as the Roper or Gallup polling groups. The Stars and Stripes is an official military publication, which helps preserve and improve military morale by offering brutally frank free-speech forums. The existence and continuation of these forums is officially encouraged by the presence of an Ombudsman, who has unique freedom of speech as a surrogate for all soldiers’ desires to be heard.

Read more: http://law.freeadvice.com/government_law/military_law/military_freedom_speech.htm#ixzz3q4TzcDqv
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Do members of the military have freedom of speech?

Response by LTC Stephen F. made Oct 30 at 2015 1:11 PM

LTC Stephen F. — Fri, 30 Oct 2015 13:11:17 -0400

There is limited freedom here on RallyPoint. TSgt John Temblador, PI, CIPA some limits make perfect sense such as no discussions of sensitive or classified issues and content.
While it makes perfect sense that we should not insult each other on this net; there is a fine line in what is permissible to discuss about current and past leaders of this nation.
Other unwritten guidelines are more difficult. Tagging of topic groups is an area to be careful in.

Response by SrA Edward Vong made Oct 30 at 2015 1:12 PM

SrA Edward Vong — Fri, 30 Oct 2015 13:12:45 -0400

Rallypoint is as free as the rules posted in the member guidelines.

Response by PO3 Private RallyPoint Member made Oct 30 at 2015 1:13 PM

PO3 Private RallyPoint Member — Fri, 30 Oct 2015 13:13:16 -0400

Not to argue about the free speech. Is your house a "free forum"? No.

I agree with Free speech all the way as the constitution stated it. Rally Point is not a true public place at all ... it actually owned by "someone". so It is in the owner full rights to declare what can or can't talk ... (hate to said it). Even if RP is funded by government completely ... it still run by "private citizen".

limiting military speech? that is a whole different topic....

Response by SSG Warren Swan made Oct 30 at 2015 1:17 PM

SSG Warren Swan — Fri, 30 Oct 2015 13:17:22 -0400

TSgt I would be under the assumption that RP is a forum for free speech provided that each person knows their limits or the ramifications of what their free speech can have towards their careers or future job prospects. Everything comes with a consequence.

Response by SGT David T. made Oct 30 at 2015 1:42 PM

SGT David T. — Fri, 30 Oct 2015 13:42:27 -0400

Freedom of speech is not freedom from consequences. When someone enters the military they willingly subject themselves to the UCMJ which regulates free speech to some degree. As others have stated RP is owned by someone and their property rights to control how their property is used trumps our right to free speech here. Fortunately we can freely express our opinions here so long as we do so within certain guidelines. Military members do not give up any of their rights (contrary to popular belief) when they enter the service but they do agree to a higher degree of regulation of those rights than their civilian counterparts.

Response by 1SG Private RallyPoint Member made Oct 30 at 2015 1:48 PM

1SG Private RallyPoint Member — Fri, 30 Oct 2015 13:48:55 -0400

You're in the military, son. Your only right is to get in the front lean and rest until told to recover. Did the Chair Force recruiter forget to tell you that?

Response by SSG Todd Halverson made Oct 30 at 2015 1:54 PM

SSG Todd Halverson — Fri, 30 Oct 2015 13:54:46 -0400

Yes it is a free forum. But, those that are still in the Military must understand that what they say or do on here can have an effect on their career.
When you took your oath, you did give up some of your freedoms that the general public can exercise. So, all I can say is post what your rank can afford, or your pocketbook.

Response by Cpl Sarah Mast made Oct 30 at 2015 2:49 PM

Cpl Sarah Mast — Fri, 30 Oct 2015 14:49:19 -0400

You always have free speech, regardless of where you are. The thing is that you always have consequences, too, and THOSE vary. Smart people check the consequences of their speech in a certain location before opening their mouths.

Rallypoint, specifically, may have the consequence of affecting your career. You're still free to speak your mind, just accept the consequences.

Response by SN Greg Wright made Oct 31 at 2015 1:15 AM

SN Greg Wright — Sat, 31 Oct 2015 01:15:55 -0400

TSgt John Temblador, PI, CIPA I wonder why you keep posting religious sayings here. To me, that says that you're not really interested in the question as you stated it, but rather in getting your version of the thing, out. Which is fine, nothing wrong with that. But in my opinion, it detracts from the intent of the question you're asking, because it seems like you have a dual purpose. Having said that, I'll address the question as you put it, and ignore the graphics:

It is a common misconception on the interweb that you can say anything you like anywhere you like. You see it all the time, people raging on various forums 'U CENZORD ME U KAN KNOT DO THAT!!'

Bullshit.

Unless you're on a US Government web site, EVERYTHING you say can be and is subject to the SITE OWNER/ADMINISTRATOR's rules. That site owner can say "You are not allowed to expound upon how much you love the color lime green." They can do so legally. It's a PRIVATE site. So when you go to great lengths to tell the world on that forum how much you love the color lime green...you can rightfully be silenced.

So, Rally Point is as free a forum as they want to be. In my experience, that's pretty darn free. But just respond to this post with foul language and insults, and you will see that you do not, in fact, have the right, here, to talk like that. (Just an example, I don't think you would). Stay within the rules, like anywhere else in life, and you can do and say what you want.

Response by Capt Richard I P. made Nov 1 at 2015 10:51 AM

Capt Richard I P. — Sun, 01 Nov 2015 10:51:14 -0500

RallyPoint is not a free forum. It is a privately owned website that grants free use to its users subject to guidelines it has clearly established and articulated (mostly around professionalism and tolerance). The user agrees to these Terms of Service by participating. Violations of the agreement are corrected at the first line by member-admins, second line by staff and third line by asking users who show no interest in keeping their end of the bargain to leave.

Response by LTC Christopher Sands made Nov 1 at 2015 11:57 AM

LTC Christopher Sands — Sun, 01 Nov 2015 11:57:37 -0500

In a copy of Echoes, the U.S. Army retiree magazine, had a story that said retirees can be brought back on active duty for UCMJ offensives due to speech. Be careful what you post, active or retired.

Response by LTC Private RallyPoint Member made Jan 17 at 2016 2:59 PM

LTC Private RallyPoint Member — Sun, 17 Jan 2016 14:59:07 -0500

I get a chuckle out of the fact that this thread about freedom of speech in the military starts out with a fake quote by George Washington. He never said that.

"The quote is frequently misattributed to Washington, particularly in regards to his farewell address of 1796. The origin of the misquote is, perhaps, a mention of a similar statement in a biography of Washington first published in 1835. However, the quote that appeared in the biography has never been proven to have come from Washington. For this reference, see: http://tinyurl.com/a952ym2"

http://www.mountvernon.org/research-collections/digital-encyclopedia/article/spurious-quotations/