Guess I'll chime in. I know it's already been posted and most already know but as far as free speech in the military:
freedom of speech, Military
"A significant and much publicized military first amendment case of recent times was United States v. Howe.14 Howe, a second lieutenant stationed at Fort Bliss, Texas, was convicted of using contemptuous words against the President and conduct unbecoming an officer and gentleman, in violation of articles 88 and 133, Uniform Code of Military Justice. Specifically, he had participated in a demonstration in downtown El Paso and was observed by military police while carrying a sign reading: "Let's have more than a choice between petty ignorant fascists in 1968," and, on the reverse side, "End Johnson's fascist aggression in Vietnam." Lieutenant Howe appealed his conviction to the Court of Military Appeals, arguing, in part, that the charges against him violated his first amendment rights.
In affirming the conviction, the military high court answered the first amendment question by relying on the principle of civilian control over the military. Traditionally, members of the armed forces, particularly officers, have been restricted from using contemptuous words against or otherwise maligning the policies of the civilian leadership. Beginning with the adoption of the first Articles of War in 1775, Congress and other civilian leaders have sanctioned this restriction in order to prevent the possibility of a military coup. In applying this principle to the Howe case, the court stated:
True, petitioner is a reserve officer, rather than a professional officer, but during the time he serves on active duty, he is, and must be, controlled by the provisions of military law. In this instance, military restrictions fall upon a reluctant "summer soldier"; but in another time, and differing circumstances, the ancient and wise provisions insuring civilian control of the military will restrict the "man on the white horse "15
The rationale offered by the USCMA in its Howe decision traces the necessity of civilian supremacy over the military and the intent, from our earliest history, to use article 88 and its precursors to ensure that supremacy. Actual practice has not followed that intent, however. Past applications of article 88 have usually been confined to political activists, enemy sympathizers, and various types of malcontents. When civilian supremacy has actually been at stake, administrative actions, such as removal, reassignment, and forced retirement have been taken against the errant officer.16
A more recent military case that reached the Supreme Court, Parker v. Levy,17 has further defined the limits of military free speech. Dr. Levy was convicted for making disloyal and disrespectful comments to enlisted personnel intended to promote disaffection among the troops, in violation of articles 133 and 134, and for failure to obey a lawful order, in violation of article 92.
Although the issue on appeal was the vagueness and overbreadth of articles 133 and 134, the Supreme Court's decision has considerable application to the issue of military free speech rights. The Court said that while members of the armed forces were not excluded from the protection of the first amendment, a different application was required because of the fundamental need for obedience and discipline. Stressing this uniqueness, the Court stated that civilian first amendment standards do not automatically apply to the military.18
In reaching its decision, the Court relied on the Court of Military Appeals to explain the unique need of the military. The latter court stated in United States v. Priest:
In the armed forces some restrictions exist for reasons that have no counterpart in the civilian community. Disrespectful and contemptuous speech, even advocacy of violent change, is tolerable in the civilian community, for it does not directly affect the capacity of the Government to discharge its responsibilities unless it both is directed to inciting imminent lawless action and is likely to produce such action. In military life, however, other considerations must be weighed. The armed forces depend on a command structure that at times must commit men to combat, not only hazarding their lives but ultimately involving the security of the Nation itself Speech that is protected in the civil population may nonetheless undermine the effectiveness of response to command. If it does, it is constitutionally unprotected.19
This endorsement of the Priest decision clearly demonstrates the Supreme Court's application of the balancing test, weighing the peculiar needs of the armed forces as but one factor to determine the extent of military free speech rights."
Free Speech, the Military, and the National Interest
