Military expression is an area of

military law Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states us ...

pertaining to the

United States military The United States Armed Forces are the Military, military forces of the United States. U.S. United States Code, federal law names six armed forces: the United States Army, Army, United States Marine Corps, Marine Corps, United States Navy, Na ...

that relates to the

free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognise ...

rights of its service members. While "military free speech" was the term used during the

Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...

era, "military expression" has become a niche area of

since 2001. Besides media references relating to specific cases, the term was used at military

whistleblower Whistleblowing (also whistle-blowing or whistle blowing) is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe, unethical or ...

committee hearings with members of the

United States House of Representatives The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...

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". That hearing also included references by U.S. Representative

Sheila Jackson Lee Sheila Jackson Lee ( Jackson; January 12, 1950 – July 19, 2024) was an American lawyer and politician who was the U.S. representative for , from 1995 until her death in 2024. The district includes most of central Houston. She was a member of ...

(D-TX) who also referred to the area of law as "military expression".

Limitations on military expression

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

First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...

, the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

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

After September 11, 2001

With the advent of the

Iraq War The Iraq War (), also referred to as the Second Gulf War, was a prolonged conflict in Iraq lasting from 2003 to 2011. It began with 2003 invasion of Iraq, the invasion by a Multi-National Force – Iraq, United States-led coalition, which ...

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 ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...

'' wearing a partial uniform during an anti-war demonstration in

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

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. 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. 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.

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."Modern Whig Party has Appeal to Some Troops," by William H. McMichael ''Military Times'' on June 23, 2008

Limitations on military expression

After September 11, 2001

Effects of technology

See also

Further reading