Military expression

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Military expression is an area of

whistleblower committee hearings with members of the United States House of Representatives and Senate on May 14, 2008. Transcripts of the hearings show that attorney Mike Lebowitz was identified as testifying as a legal expert in "military expression".[3][full citation needed] That hearing also included references by U.S. Representative Sheila Jackson Lee (D-TX) who also referred to the area of law as "military expression".[further explanation needed
]

Limitations on military expression

While the civilian population of the United States is afforded the right to free expression under the

U.S. Supreme Court has affirmed the notion that service members have a reduced level of free speech.[4]
While the Court acknowledged that service members do have First Amendment rights, these rights are limited:

They do, in fact, have the same first amendment rights as their civilian brothers. They are, however, not absolute ... The difference is that the military has peculiar needs and interests apart from those of the civilian community it serves, and they preclude the exercise of the right of free speech on as broad a basis as is the practice in the civilian community. No officer or man in the armed forces has a right, be it constitutional, statutory or otherwise, to publish any information (or make any statement) which will imperil his unit or its cause.[5][verification needed]

After September 11, 2001

With the advent of the

Washington Post wearing a partial uniform during an anti-war demonstration in Washington, D.C.[6] The individual faced disciplinary action for his participation in this demonstration, as well as for a politically charged email he sent to a Marine officer.[7][full citation needed] However, in this case, the service member avoided the other than honorable discharge being sought by the military due to the First Amendment arguments posed on his behalf.[6] That case, which was argued by attorney Mike Lebowitz in representation of anti-war and political activist Adam Kokesh, is regarded as the first military expression case of its kind to result generally favorably for the service member.[8]

Effects of technology

Political speech, to include being active in a political party, also has become an issue as the Internet and email permits easier participation despite rules against such activity.[9][citation needed]

See also

References

  1. OCLC 4895173605
    .
  2. ^ See Yale Conservative Party lecture for 2009 titled "Military Expression in the Modern Armed Forces"
  3. ^ transcripts for May 14, 2008, see also C-SPAN coverage of hearings
  4. ^ Parker v. Levy, 417 U.S. 733, 758 (1974)
  5. ^ "Free Speech, the Military, and the National Interest". www.airpower.maxwell.af.mil. Archived from the original on November 23, 2007.
  6. ^
    Washington Post
    .
  7. ^ Stephen Koff, "Corps accused of 'muzzle' tactics", Cleveland Plain Dealer, May 31, 2007
  8. ^ Sharrock, Justine (29 September 2008). "Zip It, Soldier!: What happens to Iraq veterans who speak out against the war?". Mother Jones.
  9. ^ "Modern Whig Party has Appeal to Some Troops," by William H. McMichael Military Times on June 23, 2008

Further reading

  • Lombardi, Chris (2020). I Ain't Marching Anymore: Dissenters, Deserters, and Objectors to America's Wars. New York: The New Press.
    ISBN 978-1620973172
    .
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