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UCMJ Article 88 & Social Media

squorch2

he will die without safety brief
pilot
FTA: "The military has had a policy since the Civil War limiting the free speech of service members, including criticism of the commander in chief."

How is that vague or grey at all?
 

helolumpy

Apprentice School Principal
pilot
Contributor
FTA: "The military has had a policy since the Civil War limiting the free speech of service members, including criticism of the commander in chief."

How is that vague or grey at all?

Well is the United States Marine Corps is asking for guidence on how social media Impacts thie rule, then they must be concerned that there may be some gray areas.
 

Criminal

God's personal hacky sack
pilot
So, a thought. And I caveat this statement with I know the regs and UCMJ(well a working knowledge of it). But we all swore to the Constitution and not a person. I believe that is for a purpose. Now, if those people above us are not following the Constitution, is it not our duty to uphold it and call them out?
We all had our cute little training about refusing unlawful orders. But does not this still apply?


This meant to be a "think of this" than attack my opinion.
 

nittany03

Recovering NFO. Herder of Programmers.
pilot
None
Super Moderator
Contributor
So a guy in the parking lot at work has the IDIOT bumper sticker Like you can find here:

http://www.cafepress.com/+obama_idiot_bumper_sticker,394498094

He comes and goes to work in uniform. Kosher? I don't think this kind of expression is acceptable myself. Just saw it today and this thread got me thinking...
IIRC, the ruling from the JAGs at Legal O Skool was that single, normal-size bumper stickers are 1st Amendment protected; it's the idiot who puts a "Bush/Cheney '00" or "Obama/Biden '08" custom vinyl applique across his windshield that will get hammered. But I also think that that ruling was for more generic campaign stickers. As a Legal O, if I saw that a member of my command had a bumper sticker calling the sitting President an idiot, I would be running it by their DivO/LCPO at a minimum, and maybe the XO.
 

Uncle Fester

Robot Pimp
None
Super Moderator
Contributor
...if those people above us are not following the Constitution, is it not our duty to uphold it and call them out?
We all had our cute little training about refusing unlawful orders. But does not this still apply?

Your working knowledge of ucmj qualifies you as a constitutional scholar? I know mine sure as shit doesn't. There's a mechanism in place already for deciding if the executive and legislature are following the constitution. That's what the courts are for. It's not the job of the military to "call them out" and make decisions about national policy. You want to see what happens when armies decide that is their job, there's plenty of examples in Africa, South America, etc.

Those of us in uniform are free to debate and disagree, sure. Disrespect and disobey, you're crossing a line.
 

magnetfreezer

Well-Known Member
Your working knowledge of ucmj qualifies you as a constitutional scholar? I know mine sure as shit doesn't. There's a mechanism in place already for deciding if the executive and legislature are following the constitution. That's what the courts are for. It's not the job of the military to "call them out" and make decisions about national policy. You want to see what happens when armies decide that is their job, there's plenty of examples in Africa, South America, etc.

Those of us in uniform are free to debate and disagree, sure. Disrespect and disobey, you're crossing a line.

If the mechanism is already there then why swear us to it as well? Like a backseater ejecting, if you invoke the Constitutionality rule when not warranted, you'll only get yourself in needless trouble and look stupid. However, everyone develops their own thresholds (radalt showing 150' and pointed at a mountain on a 500' leg with no correction by the pilots after screaming at them isn't usually a specific criteria in the NATOPs) as to when to be their own seat commander. While there are plenty of military junta cases there are also plenty where the military / security force becomes a tool of a bad regime since they were loyal to a person vs principles.
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
If the mechanism is already there then why swear us to it as well? Like a backseater ejecting, if you invoke the Constitutionality rule when not warranted, you'll only get yourself in needless trouble and look stupid. However, everyone develops their own thresholds (radalt showing 150' and pointed at a mountain on a 500' leg with no correction by the pilots after screaming at them isn't usually a specific criteria in the NATOPs) as to when to be their own seat commander. While there are plenty of military junta cases there are also plenty where the military / security force becomes a tool of a bad regime since they were loyal to a person vs principles.
In your mind, what would be a good example of when an individual should step in and determine the constitutionality of an order or policy on their own?
 

Uncle Fester

Robot Pimp
None
Super Moderator
Contributor
I see what you're getting at, but I think it's a spurious analogy. It seems to be suggesting that we, the armed forces, can decide whether to support the elected government based on our opinions of the particular person in office. You're exactly right that we support the institution, not the person, which is why we don't get to base our support of that institution based on the current occupant.

Let's have a sanity check here. I have mixed opinions on the current administration, but I don't for one minute expect an order to come down to NORTHCOM to force everyone to buy health insurance at gunpoint. The "illegal orders" some seem to be fulminating about exist mostly in their heads. The SGT in question gave as an example of an order he wouldn't follow would be one to seize citizens' firearms. Anyone see that in message traffic lately? And even if you believe that deep down the President would really like to issue such an order...he hasn't. And there are plenty of established, independent institutions standing between any one man in office and doing something illegal before we get to the armed forces.

I could come up with examples of hypothetical orders that I could not obey in good conscience. Until I actually receive one of the orders, though, as a commissioned officer, I don't have any business questioning the authority or legitimacy of the president's authority as C-in-C.
 
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