Posted on Jul 12, 2015
Should Active, Reserve, & Guard personnel be afforded the same rights of free speech & assembly in political elections & campaigns?
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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?
Posted in these groups: 
Politics
Constitution
Politics Constitution
Edited >1 y ago
Posted >1 y ago
Responses: 13
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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.
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.
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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.
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SCPO (Join to see)
I agree up to one point. To unequivocally state that had a Democrat been elected in 1865, slavery would still exist today, is an incredibly obtuse stretch of the mind. And I sure ain't no Democrat!!!
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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.
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.
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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.
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PO1 John Miller
SCPO (Join to see), I think what CW3 (Join to see) means when he says "by the force" is by the armed "forces."
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CW3 (Join to see)
That is correct PO1 John Miller, I was referring to the possibility of uniformed military members or using their position in the military to potential give the impression that a branch or the entire armed forces support or are against something or someone.
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CW3 (Join to see)
SCPO (Join to see) the attached link will lead you to a great article that outlines all of the "cans" and "cannots" for service members in relation to politics and other political actions.
http://usmilitary.about.com/cs/militarylaw1/a/milpolitics.htm
http://usmilitary.about.com/cs/militarylaw1/a/milpolitics.htm
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CW3 (Join to see)
At the end of the day I think Capt Seid Waddell said it perfectly above, it is indeed a "Slippery Slope."
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NEVER EVER IN UNIFORM OR USING THEIR TITLE I.E. Major Blue, or First Sergeant Red, etc. etc.
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CW3 (Join to see)
Straight and too the point. Service members can do quite a bit of things in political and social areas, but they must do so without their military title or affiliation.
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SCPO (Join to see)
Capt Seid Waddell - We GAVE it up, Captain...we're clearly old school now. How is this same issue regulated today? Is it regulated properly or are the constitutional rights of the military individual being unconstitutionally restricted? I don't know what the actual regulations are today; such is the reason for my discussion question.
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Capt Seid Waddell
SCPO (Join to see), politics roll down hill and hits us at the bottom, it is true. But we cannot allow politics to keep us from doing our duty and obeying legal orders regardless of what we may think. The alternative is ugly indeed; I've seen it first hand.
Just because the civilian leadership crosses the line and inserts politics into the military it does not give us an excuse to do so as well. Politics always degrades military effectiveness - which should be guided only by results.
http://home.mweb.co.za/re/redcap/vietcrim.htm
https://msuweb.montclair.edu/~furrg/Vietnam/heinl.html
Just because the civilian leadership crosses the line and inserts politics into the military it does not give us an excuse to do so as well. Politics always degrades military effectiveness - which should be guided only by results.
http://home.mweb.co.za/re/redcap/vietcrim.htm
https://msuweb.montclair.edu/~furrg/Vietnam/heinl.html
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SCPO (Join to see)
Your point is well taken. That specific observation is one with which I heartily concur. But what of the soldier actively campaigning for a particular candidate by walking in a parade in civvies, passing out campaign buttons in civvies, and placing signs in yards in civvies?
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Capt Seid Waddell
SCPO (Join to see), that is a slippery slope, IMHO. When I was in I tried to keep myself well read and informed but never allowed myself to be brought into partisan political discussions - especially with direct reports both up and down the chain of command.
We did discuss world events, but from the servicemen's POV - never from a partisan political POV.
I saw one LT disappear from the unit due to an opinion he expressed at the O Club one night; he was gone the next morning never to be seen again. I think he was separated from the service with a less than honorable discharge - or at least that was the rumor.
He was a Weapons Controller and a member of the Friends Church (Quaker). He said that if he had the choice to direct a strike onto the NVA or our own troops he would target our own troops. I was not sorry to see him gone.
It is a shame that Maj. Nidal Malik Hasan was not also drummed out of the service for remarks he made in the months leading up to his Ft. Hood shooting spree.
Granted, these are extreme examples of political opinions, but these things start small and build. There is no place for partisan politics in the military, IMHO.
We did discuss world events, but from the servicemen's POV - never from a partisan political POV.
I saw one LT disappear from the unit due to an opinion he expressed at the O Club one night; he was gone the next morning never to be seen again. I think he was separated from the service with a less than honorable discharge - or at least that was the rumor.
He was a Weapons Controller and a member of the Friends Church (Quaker). He said that if he had the choice to direct a strike onto the NVA or our own troops he would target our own troops. I was not sorry to see him gone.
It is a shame that Maj. Nidal Malik Hasan was not also drummed out of the service for remarks he made in the months leading up to his Ft. Hood shooting spree.
Granted, these are extreme examples of political opinions, but these things start small and build. There is no place for partisan politics in the military, IMHO.
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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.
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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....
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SCPO (Join to see)
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.
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.
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SCPO (Join to see)
No, John, no mistaking the Regs back then. Completely different Navy!!! And no offense, but I liked mine a lot better....even if my ships were built in WWII!!!!
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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.
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