Legal Question in Military Law in Iraq
Restricting Freedom of Speech
Can a commander limit free speech of enlisted members by saying, ''do not make fun of or criticize the President-elect''? In reference to a picture of Obama taped to a ''No Bullshit'' sign while deployed. An individual was offended, saying it was racist. Commander called a meeting and made that statement.
Asked on 11/26/08, 7:23 am
1 Answer from Attorneys
Philip D. Cave
Military Law & Justice
Re: Restricting Freedom of Speech
Read literally Article 88, UCMJ, seems to apply only to the President once sworn-in. It does not seem to apply to a President who has been elected but not yet sworn in.
However, a commanding officer has some discretion on regulating what's "posted" on command noticeboards, bulkheads, and in "public."
Answered on 11/26/08, 9:25 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
