What disciplinary actions if any are taken against a military member that violates Article 88 of the UCMJ, 10 U.S.C. 888 on social media?

2018-09-27T13:15:53-04:00

https://law.freeadvice.com/government_law/military_law/military_freedom_speech.htm

Do members of the military have freedom of speech?

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.

Response by Lt Col Charlie Brown made Sep 27 at 2018 1:18 PM

2018-09-27T13:18:33-04:00

I've seen mostly LORs but if it is serious, someone could be given an Art 15 or courtmartialed.

Response by SCPO Morris Ramsey made Sep 27 at 2018 1:26 PM

2018-09-27T13:26:27-04:00

SrA Private RallyPoint Member I look at social media like graffiti on the wall in the after head. Very few sailors ever received Captain’s Mast for the content, but yes for action.

Response by MCPO Roger Collins made Sep 27 at 2018 1:28 PM

2018-09-27T13:28:53-04:00

One person, an officer, used to post contemptuous speech about President Trump that removed all posts on RP and other social media. Looks like the DODIG does keep an eye on these infractions. When AD servicemembers are involved.

Response by MAJ Bryan Zeski made Sep 27 at 2018 1:39 PM

2018-09-27T13:39:13-04:00

That all depends on their chain of command.

Response by SFC Harry H. made Sep 27 at 2018 1:54 PM

2018-09-27T13:54:52-04:00

Best rule of thumb in life in general, never talk about your supervisors. Never talk political or religion, even when someone says it's ok to talk to them about it. So many different reasons as to why, but just don't and you will never have to worry about Article 88.

Response by SFC Jerry Humphries made Sep 27 at 2018 2:57 PM

2018-09-27T14:57:13-04:00

I often wonder if RallyPoint is censers my responses. The most recent when I asked the question if the female standards for rangers was the same as for males. As I never had any response from others.

Response by CSM Darieus ZaGara made Sep 27 at 2018 3:20 PM

2018-09-27T15:20:21-04:00

The actions that can be taken are listed in the UCMJ. Thank you for your service.

Response by SSG Private RallyPoint Member made Sep 27 at 2018 3:50 PM

2018-09-27T15:50:41-04:00

I'm pretty vocal on social media in my support or distaste for people and situations. I also don't keep myself open to everyone and their uncle and , aside from Rally Point, I don't broadcast the fact that I'm in the military. I'm actually kind of surprised that I haven't been the target of petty retribution here.

On the facebook side though, I'm selective about who I let in and I definitely don't generally add people I work with unless I'm 100% certain that we're on the same page and that they're not a blue falcon.

Am I doing the right thing? I guess that depends on who you ask. If keeping my private and military lives separate is wrong, then I guess not. I could be wrong, but I believe that we can have and share political opinions, we're just not supposed to associate ourselves with the military when we're expressing them when in the public eye.

It all comes down to not being stupid and knowing your audience.

Response by SrA John Monette made Sep 27 at 2018 4:43 PM

2018-09-27T16:43:25-04:00

just to clarify, that Article applies to commissioned officers. I'm sure there is a similar Article for enlisted

Response by LTC Private RallyPoint Member made Sep 27 at 2018 5:06 PM

2018-09-27T17:06:15-04:00

https://www.bileckilawgroup.com/court-martial-defense/articles-of-the-ucmj/article-88-contempt-toward-officials/

article-88-contempt-toward-officials

Response by SrA John Monette made Sep 27 at 2018 6:20 PM

2018-09-27T18:20:19-04:00

contemptuous
adjective
1.showing or expressing contempt or disdain; scornful; disrespectful.

I don't see the problem with expressing contempt for an elected official. as long as the service member doesn't campaign for or against a particular party or candidate, he/should be afforded to privilege of making his opinion known.

Response by SGM Bill Frazer made Sep 27 at 2018 11:04 PM

2018-09-27T23:04:57-04:00

Good Grief- read the damn Manual- the punishments are outlined for each article in that article.

Response by SGT Christopher Hayden made Sep 28 at 2018 12:20 PM

2018-09-28T12:20:21-04:00

Somewhere out there, there's a 1SG trying to get another ARCOM for snitching on some internet trolls.

Response by SGM Bill Frazer made Sep 28 at 2018 12:37 PM

2018-09-28T12:37:23-04:00

SO IT'S A JOKE! Folks have been executed or put in prison for life, Officers have been sacked put in jail. Lost their pension for violating this so called Joke. Think you need better friends before you end up with them on a court martial.