Disloyal statements
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Punitive Articles of the UCMJ (Uniform Code of Military Justice) Article 134 also known as the Disloyal statements provision of the UCMJ is an article of military law in the United States that provides for penalties by court-martial for "disloyal" statements made "with the intent to promote disloyalty or disaffection toward the United States by any member of the armed forces or to interfere with or impair the loyalty to the United States or good order and discipline of any member of the armed forces."
This article appears to limit the freedom of speech guaranteed to all Americans under the First Amendment of the United States Constitution as it appears to prevent someone in the military from expressing their opinions about issues that should be discussed in public, though some state that the right of free speech is reserved to an individual member of the military while "out of uniform" and this law recognizes limitations that an individual faces when voicing opinions during military operations.
Members of the United States military are in a peculiar situation of having protections under the first amendment and swearing to follow the President's orders. Thus, although a military member may vote for whom ever he/she wishes, the member may not actively campaign against (or for) the president. Additionally, disloyal statements would erode the overall strength and resolve of the military as a whole.
From the Manual for Courts-Martial (US Government, 2002), Chapter 4, Paragraph 72:
- Explanation. Certain disloyal statements by military personnel may not constitute an offense under 18 U.S.C. ยงยง 2385, 2387, and 2388, but may, under the circumstances, be punishable under this article. Examples include praising the enemy, attacking the war aims of the United States, or denouncing our form of government with the intent to promote disloyalty or disaffection among members of the armed services. A declaration of personal belief can amount to a disloyal statement if it disavows allegiance owed to the United States by the declarant. The disloyalty involved for this offense must be to the United States as a political entity and not merely to a department or other agency that is a part of its administration.
