Should Active, Reserve, & Guard personnel be afforded the same rights of free speech & assembly in political elections & campaigns?

SCPO Private RallyPoint Member — Sun, 12 Jul 2015 12:38:35 -0400

In 1970, while a fairly new sailor in San Diego, I let it slip that I wanted to walk in a regularly scheduled, annual parade with some civilian friends to help "demonstrate" against animal abuse. My division CPO said I'd be written up and stand Captain's Mast, if I did. I would have been on weekend Libs and in civvies. Needless to say, I did not go. Granted, this was 1970, at least two worlds away from today in any category you may choose. But is our military still muzzled when it comes to political issues and political campaigns? Can they or should they be allowed to actively participate in such activities? I firmly believe that the upcoming 2016 presidential election has every likelihood of being the most contentious AND the most critically important election in my lifetime, thus far. Do you agree or not, and, if so, how have things changed since 1970, as far as the individual serviceman's or servicewoman's rights to participate in public elections? Thinking back now, I may have been in violation of the UCMJ when I ran for and was elected to my city's Board of Aldermen in the early 1990s. What are or should be the rules in this matter?

Response by CW3 Private RallyPoint Member made Jul 12 at 2015 12:43 PM

CW3 Private RallyPoint Member — Sun, 12 Jul 2015 12:43:43 -0400

I think there is a fine line here. The rules exist so that military members are not seen endorsing or promoting individuals or issues. This could been seen as an endorsement by the force rather than by an individual.

Response by A1C Private RallyPoint Member made Jul 12 at 2015 12:46 PM

A1C Private RallyPoint Member — Sun, 12 Jul 2015 12:46:06 -0400

From what I understand, you can go out and participate in anything, even political rallies. HOWEVER, if you at any time make it known or deliver a statement in support of anything, you CAN NOT do it in the name of your service. In other words, you can say you suppose John Doe for president. What you can't do is say, "I'm in the USAF and I support John Doe for president." Nor can you do it while in uniform.

This is a highly misunderstood topic while serving in the military. But no, your right to free speech or right to assemble has not been taken away from you; it's simply been restricted to only AS A CIVILIAN.

Response by Capt Seid Waddell made Jul 12 at 2015 12:46 PM

Capt Seid Waddell — Sun, 12 Jul 2015 12:46:11 -0400

It is important to keep politics out of the military, IMHO.

Response by SSG Private RallyPoint Member made Jul 12 at 2015 12:47 PM

SSG Private RallyPoint Member — Sun, 12 Jul 2015 12:47:01 -0400

Volunteering for military service should in no way minimize our rights to have and express our opinions so long as the manner in which we choose to express them does not take away from our military bearing or ability to perform our duties.

Response by LTC Bink Romanick made Jul 12 at 2015 12:50 PM

LTC Bink Romanick — Sun, 12 Jul 2015 12:50:22 -0400

Doesn't the Hatch Act cover political participation? I never registered for a political party until I retired.

Response by CPT Jack Durish made Jul 12 at 2015 12:54 PM

CPT Jack Durish — Sun, 12 Jul 2015 12:54:46 -0400

I really don't have any problem with military personnel exercising the rights enjoyed by any citizen keeping in mind that no citizen has the right to circumvent elections through armed intervention. So long as the military refrains from using the organization, training, and equipment that We the People have provided for our defense and turn them against the lawfully elected government, why not? I can understand some expressing reluctance against giving military personnel the full expression of their rights inasmuch as military personnel tend to be very conservative in their political views. They are sworn to uphold the Constitution and most have a better understanding of that document than most other citizens. Thus, those on the Left would hate to see military personnel speaking their minds freely. Indeed, they would most likely be happy to see military personnel stripped of the right to vote. Keep in mind the impact the military vote has had on critical elections. The most famous example being the reelection of Abraham Lincoln. Without the popular support of the soldiers and sailors of the Union forces, the Democrats would have won that election and Lincoln's replacement would have ended the war, allowed the South to secede in peace, and slavery possibly would still exist today.

Response by Sgt Jay Jones made Jul 12 at 2015 1:29 PM

Sgt Jay Jones — Sun, 12 Jul 2015 13:29:17 -0400

NEVER EVER IN UNIFORM OR USING THEIR TITLE I.E. Major Blue, or First Sergeant Red, etc. etc.

Response by Sgt Aaron Kennedy, MS made Jul 12 at 2015 1:30 PM

Sgt Aaron Kennedy, MS — Sun, 12 Jul 2015 13:30:54 -0400

We have Reserve Officers who hold Political Positions which they Campaigned for.

Most notibly the recently retired Col L. Graham, and if i recall correctly one of our Presidents was also a Reserve Col.

You can exersise Free Speech & Assembly, inlcluding Politics, however you may not do so "in uniform" or on behalf of a Service, which are apolitical.

Response by SSG (ret) William Martin made Jul 12 at 2015 3:00 PM

SSG (ret) William Martin — Sun, 12 Jul 2015 15:00:32 -0400

Service members have freedom of speech but its not absolute like anything else and of course, use common sense. I can attend a political rally of choice of candidate but not in uniform and not when I am supposed to be at work. In other words, what I do in my personal time is my business. I am not going to get up on a podium and say The POTUS is on his way out so what do I need to be loyal too, his political party? I think not. Another issue is the NG and reserve members are not in the jurisdiction of UCMJ unless they are on orders or on drill. They are basically civilians, but on another note, they should also exercise common sense for what they do in their personal time, can shed a negative light on their place of employment and their military unit.

Response by CW3 Kevin Storm made Jul 12 at 2015 3:29 PM

CW3 Kevin Storm — Sun, 12 Jul 2015 15:29:26 -0400

There have been congressmen who have held office as reservists, I see no problem with legal demonstrating a legitimate cause as long as you don't violate your oath of office or UCMJ.

Response by PO1 John Miller made Jul 12 at 2015 3:46 PM

PO1 John Miller — Sun, 12 Jul 2015 15:46:16 -0400

I'm not sure what the rules were in 1970 or if your Chief was mistaken. The way the rules are written now is you are basically allowed to do this as long as you are not on duty, in civilian clothes, and make no mention of your military service so that your actions will not bring discredit upon the military or seem like the military is endorsing your activity.

Response by SFC Everett Oliver made Jul 12 at 2015 3:46 PM

SFC Everett Oliver — Sun, 12 Jul 2015 15:46:23 -0400

Military personnel should be permitted to voice their opinion on any subject they desire. However, it should not be done while on duty, or in uniform, nor on social media where they have identified themselves as being active duty military. I was once asked to visit a retirement home in uniform when i was home on leave. I said no because the event was sponsored by the County Republican Womens Club. I did drop in about an hour after their little presentations...Some really great veterans in those homes. My American Legion Post goes on visits to them now....

Response by SGT Bryon Sergent made Jul 13 at 2015 9:48 AM

SGT Bryon Sergent — Mon, 13 Jul 2015 09:48:10 -0400

Not in uniform and I think not in anyway can we say that we are affiliated with the military depending on the reason we are marching. If it was something for soldier or veteran rights and benefits then yes as long as it is peaceful, not detrimental to good order and no arrests.