- Limitations on free speech and expression on military members havebeen witnessed due to various factors (John G. Kester).
- Military Members tend to misbehave when there are no restrictions on rights of speech (John Loran Kiel, Jr.).
- There are many adverse consequences of free speech on military Members such as insulting the president and disobeying their seniors (Kevin Howe,).
- Various Constitutional Amendments have been made to give the military members rights to speech and expression (Ehren Watada).
Abuse of Rights to Speech by Military Members
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1. Abuse of Rights to aspeech by troops is enormous. Military officials have been caught criticizing the government and the rulers (Major Felix M. Moran III, 1980).
2. The way of life of the military, for example, with gatherings, fellowship and the festival of achievement and performance may influence them to abuse the right to speech Non- Judicial Due Process).
3. Military commanders have the rights to punish their juniors who misuse the rights to speech and expression. (Kevin Howe).
Impacts of Limits on Free Speech and Expression on Military Members
- The limitations have led to the first amendment of US constitution where the limitations on speech and expression for military members have been outlined (The First US Amendment, 1791).
- Has led to theenactment of UCMJ articles such as article 88 which ensures that the military members do not use any contemptuous words against the leaders.
- Has resulted in the promulgation of DoD policy which provides that the rights to speech and expression of the military members are restricted (DoD Directive 1344.10, 2008).
- Has ensured peaceful coexistence between the military members, the leaders and the public in general.
- There are respect and acceptance of responsibility in the armed forces bases.
- In conclusion, the restrictions on rights to speech and expression have positive impacts which outweigh the adverseeffects of the same.
- Despite the restrictions, the law ensures that no any military member suffers in any way.
- The military members have accepted the limitations because they provide their security and respect for themselves.
- There are various problems experienced in attempts to provide the restrictions on speech and expression are observed, these include; technological advancement and increase in terrorism.
- Very few military members have been found responsible for violating the limitations on speech and expression.
- Department of Defense Directive 1325.6, Guidelines for handling Dissident and Protests Activities Among Members of the Armed Forces, 1 0ct0ber 1996, 2.
- Department of Defense Directive 1344.10, Political Activities by the Members of the Armed Forces on Active Duty, 2 August 2004, 2, 10.
- Joint Service Committee on Military Justice, Manual for Courts –Martial United States (Washington: US Government Printing Office, 2005), IV -17.
- Vagts, Detlev F. (February 19587). “Free Speech in the Armed Forces” Columbia Law Review. 57(12): 187-218.
- Manual for Courts-Martial United States, IV-94, 95. The maximum punishment authorized for this offense is a dismissal from the service;
- Kevin Howe, “DLI Official Removed for Criticizing Bush,” Monterey County Herald, 3 June 2002,
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You are on the right track. You’ll want to also include a section on how the framers saw this issue – you can either focus on the issue of free speech or specifically about military service and speech.
Again, you’re on the right track. In your first draft you will want to dig deeply into the policies that you listed and describe the context, political players, etc.
This part could use a bit of beefing up – consider the ethics of requiring military members to abide by a different set of rules than civilians.
This is a good list of sources!