Free Speech, the Military, and the National Interest
In a military context, that standard forces us to ask whether or not free expression represents an imminent threat to the national interest. The national interest can take many forms, but for our purposes here it is generally synonymous with the ability of the armed forces to perform their wartime military mission. Senior officials, both military and civilian, agree that unlimited free speech is inconsistent with command, control, and military authority on which the armed forces are based and, therefore, must be restricted in some degree if the military is to maintain its capability for immediate and unified action.6 An army or navy whose members are allowed to spread internal dissension and disorder constitutes a hazard with perhaps as great a potential for danger to the country as a hostile foreign power.7 Thus, as an early legal commentator on military free speech states, "The national defense brooks no opposition and overrides many freedoms. . . even in peace time the military must act as if war were imminent, for new habits cannot be established on the day the balloon goes up. ..."8 It is a true paradox that the soldier, under certain circumstances, must sacrifice some of the liberties that he is called on to protect.