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Donald Trump
Donald Trump
Posted >1 y ago
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A Mattis aide recounts the first meeting between Trump and Mattis who was going to give a broad overview of the global military posture. Trump cut the meeting short and it devolved into his Washington Military Parade.
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Interesting that these same officers were in a leadership position during our never ending wars, while Trump has been in place for less than three years. BTW, theses “generals” are subject to the UCMJ.
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MCPO Roger Collins
SSG Robert Mark Odom
Certainly this belief is widespread, and actually, it’s not far from the truth. In 1974 the U.S. Supreme Court wrote, “While the members of the military are not excluded from the protection granted by the First Amendment, the different character of the military community and of the military mission requires a different application of those protections. The fundamental necessity for obedience, and the consequent necessity for imposition of discipline, may render permissible within the military that which would be constitutionally impermissible outside it” Parker v. Levy, 417 U.S. 733, 758 (1974). This quote from the Court sums up what is known as the Doctrine of Military Necessity or the military-deference doctrine.
Freedom of speech and the military
Various military regulations and directives place limits on service members’ right to free speech. These include the Uniform Code of Military Justice (UCMJ) and Defense Department Directives. In the civilian world, many of these restrictions would not be allowed. However, with the courts’ deference to the military’s judgment, the restrictions have been upheld.
The UCMJ was passed by Congress in 1950 and became effective a year later. Subchapter X of the UCMJ is the “Punitive Articles,” which include four of the more scrutinized articles in the UCMJ. These are Article 88, Contempt Toward Officials; Article 92, Failure to Obey Order or Regulation; Article 133, Conduct Unbecoming an Officer and a Gentleman; and Article 134, General Article.
Certainly this belief is widespread, and actually, it’s not far from the truth. In 1974 the U.S. Supreme Court wrote, “While the members of the military are not excluded from the protection granted by the First Amendment, the different character of the military community and of the military mission requires a different application of those protections. The fundamental necessity for obedience, and the consequent necessity for imposition of discipline, may render permissible within the military that which would be constitutionally impermissible outside it” Parker v. Levy, 417 U.S. 733, 758 (1974). This quote from the Court sums up what is known as the Doctrine of Military Necessity or the military-deference doctrine.
Freedom of speech and the military
Various military regulations and directives place limits on service members’ right to free speech. These include the Uniform Code of Military Justice (UCMJ) and Defense Department Directives. In the civilian world, many of these restrictions would not be allowed. However, with the courts’ deference to the military’s judgment, the restrictions have been upheld.
The UCMJ was passed by Congress in 1950 and became effective a year later. Subchapter X of the UCMJ is the “Punitive Articles,” which include four of the more scrutinized articles in the UCMJ. These are Article 88, Contempt Toward Officials; Article 92, Failure to Obey Order or Regulation; Article 133, Conduct Unbecoming an Officer and a Gentleman; and Article 134, General Article.
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SSG Robert Mark Odom
MCPO Roger Collins Hopefully, by now you should realize that they are retired. They are free to speak openly now.
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MCPO Roger Collins
SSG Robert Mark Odom It’s apparent you never paid attention in UCMJ Training.
“ Military retirees abide by a code of laws particular to them called the Uniform Code of Military Justice (UCMJ), which enables them to be court-martialed for misbehavior during their retirement. A military retiree is subject to be obligatorily returned to active duty for reasons deemed appropriate by the military.Aug 14, 2019”
“ Military retirees abide by a code of laws particular to them called the Uniform Code of Military Justice (UCMJ), which enables them to be court-martialed for misbehavior during their retirement. A military retiree is subject to be obligatorily returned to active duty for reasons deemed appropriate by the military.Aug 14, 2019”
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Capt Gregory Prickett
I saw nothing in the article that would support criminal charges under the UCMJ.
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