Topic > Department of Defense Directives and Uniform Code of...

There are multiple military directives and regulations that limit service members' right to free speech. These are found in Department of Defense Guidelines and the Uniform Code of Military Justice (UCMJ). Outside of the military, many of these restrictions would be unconstitutional. However, courts tend to defer to military courts, so these limitations have continued. Congress enacted the UCMJ in 1950. “Punitive Articles” are listed in the UCMJ. [8] This section includes four specifically criticized articles. This is article 134; Article 133, Unworthy Conduct of Officer and Gentleman; Article 92, Failure to comply with orders or regulations; and Article 88, Contempt towards officials. [8]I. Free speech court cases that led to UCMJ.US v. Howe In 1967, 2nd Lt. Henry H. Howe was convicted in a court-martial of using derogatory words toward the president and conduct unbecoming an officer and a gentleman. This stems from his participation during a protest against the Vietnam War. Howe was spotted walking with protesters, holding a sign reading: "WE HAVE MORE THAN ONE 'CHOICE' BETWEEN FACISTS, IGNORANTS AND FACISTS in 1968" on the front and "END JOHNSON'S FACIST AGGRESSION IN VIETNAM" on the back. [9] Howe did not organize the protest, but joined it as it progressed. He was also not on duty and was not wearing a uniform. He appealed to the U.S. Court of Military Appeals, saying his charges violated the First Amendment. The court spoke to the judicial history of Article 88 and its precedent, and noted that "the evil which Article 88 seeks to avoid is the weakening of discipline and the promotion of insubordination on the part of a service officer military in using derogatory words toward the Presi ... half of the document ... framing the Uniform Code of Military Justice and the directives of the Department of Defense it is clear that the First Amendment guarantees on free speech within the Constitution of United States can and has been reduced for military operational success. This includes preventing dissidence, disobedience, and exposure. Specifically, it should be noted that many service members are unaware of the speech limitations imposed by Articles 88, 92,. 133 and 134 of the UCMJ. Furthermore, the actions of military personnel online in blogs and chats, despite the lack of strict regulations on civilians, can prove harmful to their careers. Finally, it is interesting to learn that while deployed at sea or in a combat zone, military personnel receive censored television and radio. Ultimately, the usefulness of all this censorship must be weighed against the real and potential harm that a lack of censorship could inflict..