Military expression

While the civilian population of the United States is afforded the right to free expression under the First Amendment, 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]

With the advent of the Iraq War in 2003, the issue of military expression was again in the public eye as a relatively small number of service members and veterans began demonstrating. One case revolved around a former Marine (still under contract with the IRR) who was photographed by 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] 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]

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]

• First Amendment to the United States Constitution
• Dissent by military officers and enlisted personnel
• Iraq Veterans Against the War
• Kiel, John L. Jr., When Soldiers Speak Out: A Survey of Provisions Limiting Freedom of Speech in the Military" Parameters, U.S. Army War College Quarterly, Autumn 2007. [https://www.strategicstudiesinstitute.army.mil/pubs/parameters/articles/07autumn/kiel.pdf

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