This website uses cookies to ensure you have the best experience. Learn more

Defense Department Directives And Uniform Code Of Military Justice

2972 words - 12 pages

There are multiple military directives and regulations that limit service members’ free speech rights. These are found within Defense Department Directives and Uniform Code of Military Justice (UCMJ). Outside of the military, much of these restrictions would be allowed unconstitutional. However, courts tend to defer to the military’s courts, so these limitations have continued. Congress enacted the UCMJ in 1950. Listed in the UCMJ are the “Punitive Articles.” [8] This section includes four specifically criticized articles. These are Article 134; Article 133, Conduct Unbecoming an Officer and a Gentleman; Article 92, Failure to Obey Order or Regulation; and Article 88, Contempt Toward Officials. [8]

I. Free speech court cases that have resulting UCMJ Regulations.
U.S. v. Howe

In 1967, 2nd Lt. Henry H. Howe was convicted in a court martial for using contemptuous words towards the president and behavior inappropriate for an officer and a gentleman. This resulting from his participation during a Vietnam War protest. Howe was sighted walking with protesters, holding a sign that read, “LET’S HAVE MORE THAN A ‘CHOICE’ BETWEEN PETTY, IGNORANT, FACISTS in 1968” on the front and “END JOHNSON’S FACIST AGRESSION IN VIETNAM” on the back. [9] Howe did not organize the protest, but joined in as it progressed. He was also not on duty and not wearing a uniform.
He appealed to the U.S. Court of Military Appeals, stating that his charges violated the First Amendment. The court spoke of the judicial history of Article 88 and its precedent, and noted that “the evil which Article 88 seeks to avoid is the impairment of discipline and the promotion of insubordination by an officer of the military service in using contemptuous words toward the President.” [9]

The military appellate court then spoke of the First Amendment and cited the U.S. Supreme Court, stating that freedom of speech is not absolute and can be limited by the government in some events. Specifically, the court used the “clear-and-present danger” test from Schenck v. U.S. (1919), and held: “In the present times and circumstances such conduct by an officer constitutes a clear and present danger to discipline within our armed services.” [9] The military appellate court concluded that Article 88 was not in violation of the First Amendment.
Parker v. Levy
In 1974, the Supreme Court case disputed the constitutionality of two UCMJ articles. Howard Levy, a captain serving as a physician in the Army, was charged under Articles 133 and 134. 134 punishes “all disorder and neglect to the prejudice of good order and discipline in the armed forces.” [8] Levy was charged as “wrongfully and dishonorably” making “intemperate, defamatory, provoking, disloyal, contemptuous and disrespectful” statements to Special Forces personnel and enlisted personnel who were patients or under his supervision. [7]

His commander ordered Levy to conduct his duties properly after the commander became aware that Levy had not been...

Find Another Essay On Defense Department Directives and Uniform Code of Military Justice

The Uniform Commercial Code and UCITA

517 words - 2 pages among the several States, and with the Indian Tribes" and "To establish a uniform Rule of Naturalization and uniform Laws on the subject of Bankruptcies throughout the United States".2. Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA?The computer information transactions involve licenses, not sales. It also extends easily to sales of computers and computer


1049 words - 5 pages due to combining five agencies into one. 7. In closing, opening a Joint Defense Forces Community College to all five branches of the armed services is a vital next step in enlisted development. Advantages to opening a Joint Defense Forces Community College are standardised, educational opportunities, transcripts, and some war-time benefits. Next, the report moved to the resistance and it was around accreditation, changes to lesson plans, man-power, and budgets. As the wars in Iraqi anf Afgainstan come to a close now is the time to open a Joint Defense Forces Community College to give a more effective military to defend our great country.


1503 words - 7 pages 1. The Community College of the Air Force was stood up in 1972 and has become the largest community college in the world and is the only community college in the Department of Defense. The resistance to this change is centered on accreditation, changes to lesson plans, man-power, and budgets. The enlisted education DoD and DHS wide would increase with standardization, educational opportunities, transcripts, and improved contingency operations

Rights of Victims and Witness within the Military Justice System

2025 words - 8 pages personnel with a "need to know" basis. Victims of sexual assault often feel victimized by the criminal justice system when questioned about their conduct or inaction (sexual or not) before and during a sexual assault. However, in cases in which the victim's behavior may be considered an offense under the Uniform Code of Military Justice (e.g., fraternization, adultery, underage drinking, drunk and disorderly conduct), the decision to make such

United States Army Military Solider and the Department of the Army Civilian Employee Development Comparison

1260 words - 5 pages AbstractThe harmonizing relationship and shared respect between the military and civilian members of the Army is a long standing tradition. Since the Army's beginning in 1775, the United States military and Department of the Army (DA) Civilian duties were separate, but are necessarily related because of the Army's mission. The Army work environment involves a close working relationship with civilian personnel, because they possess or develop

The Economics of Department of Defense Base Closures

824 words - 3 pages multiple rounds of military base closures in order to conserve scarce Defense Department funds and resources. Despite the events of 9/11, which served to exacerbate the misalignment of resources, recent protests by Presidential candidate John Kerry allege that base closings are driven "more by ideology than careful planning" (Cahlink, 2004). The misalignment of military force structures and stateside military infrastructure outlined in Aldridge's

The Economics of Department of Defense Base Closures

791 words - 3 pages military base closures in order to conserve scarce Department of Defense funds and resources. Despite the events of 9/11, which served to intensify the misalignment of resources, recent protests by former Presidential candidate John Kerry allege that base closings are driven "more by ideology than careful planning" (Cahlink, 2004). The misalignment of military force structures and stateside military infrastructure outlined in Aldridge's briefing

Department of Defense Strategy for Operating in Cyberspace

2042 words - 8 pages needed cybersecurity efforts. This disparity initially created a large gap between the United States’ level of dependency on cyberspace or information technologies and its level of cybersecurity. As a result, foreign nations and non-state actors have worked persistently to exploit this capabilities gap by attempting and sometimes gaining access to both classified and unclassified networks, to include the Department of Defense (DOD) networks

Time To Rebuild; The Department of Defense must be restructured

837 words - 4 pages The Department of Defense takes up the majority of the US budget; it not only pulls in over a trillion dollars of taxpayer money yearly, but it also is unable to accurately account for the exact whereabouts of those funds year after year. The DoD does, of course, offer its own budget, however, due to the byzantine and ineffective nature of the Federal Bureaucracy, it is impossible to verify if the money is even so much as used for its intended

Performance-Based Logistics in the Department of Defense

1791 words - 8 pages . The metrics used to measure performance varies by weapon system. The Department of Defense identifies the key parameters of logistics performance under PBL as: operational availability, mission reliability, cost per unit usage, logistics footprint, and logistics response time. The Performance-Based Logistics: Program Manager’s Product Support Guide defines the parameters as follows: 1. Operational availability is the percent of time that a system

Distributive Justice in a Defense of Pluralism and Equality by Michael Walzer

762 words - 4 pages Distributive justice requires the philosophical powers of reflection of the greatest theorists. In order to solve certain social issues, the most pragmatic solution must be concocted carefully to solve the biggest loopholes. Michael Walzer is no stranger to the complexity of social inequality. In his book A Defense of Pluralism and Equality, he argues that every society decides on the value of a social good and therefore should distribute

Similar Essays

How I Violated The Uniform Code Of Military Justice And Integrity

1794 words - 8 pages Violating the UCMJ & Integrity The UCMJ was passed by Congress on 5 May 1950, signed into law by President Harry S. Truman, and became effective on 31 May 1951(Wikipedia,2014). The Uniform Code of Military Justice is a compilation of multiple Articles that govern the armed military services across a multitude of objects. It lists the rights and wrongs of each individual within the armed services, and provides guidance on issues and conflicts

The Statute Of Frauds And The Uniform Commercial Code

983 words - 4 pages another), and (5) Uniform Commercial Code (U.C.C.) provisions regarding the sale of goods or services, legally valued over five hundred dollars ($500.00) (Spagnola, 2008). Hypothetical Polly owns two commercial properties in down town Chicago valued at one (1) million dollars ($1,000,000.00), which she bought for the purpose of renting to entrepreneurs that are striving to open and operate profitable businesses. On May 1, 2010 Polly enters a

Department Of Juvenile Justice Essay

857 words - 4 pages Department of Juvenile Justice In the earlier years the approach to juvenile justice was that of “rehabilitative” (“Department of Juvenile Justice,” 2012). The Department of Health and Rehabilitative Services or HRS, were accountable for a wide range of responsibilities, from criminal cases involving youth, to child abuse or neglect cases. The department was expected to uphold a moral standard, by providing optimum resources for at risk

A Defense Of Justice Essay

1256 words - 6 pages Have you ever thought about if the person next to you is a killer or a rapist? If so, what would you want from the government if the person had killed someone you know? Should they receive the death penalty? Murderers and rapists should be punished for the crimes they commit and should pay the price for their wrongdoing. Having the death penalty in our society is humane; it helps the overcrowding problem and gives relief to the families of the