Freedom of Speech/Expression

[troopsspeakfree]

What is the name of your state? Texas

My boyfriend is active duty military and I recently separated from 10 years of active service. I wrote a letter to the editor about a situation on base which cause a bit of a stink on an online forum. There were many opinions that were voiced including my boyfriend's. He never stated anyone specifically (some others did) but he is the only one that they are attempting to persue charges against. I have reviewed the posts over and over as well as the UCMJ and there isn't a whole lot that they can get him with unless it is a real stretch. These folks used to be my chain of command and I am pretty sure he is being punished based on my words. There is no one on base that he can trust enough to get honest answers from at all. When he asked for the Public Affairs regulation he was given a clip of what Libel meant and sited sources that didn't even contain the word. He is being harrassed to an extent that is COMPLETELY uncallled for. I just need some really good legal advice on this to find out what his "rights" are because they are trying there hardest to put him down for this because the base commander is pissed. Please contact me with any and all advice I need some help here.

Thanks a bunch

Troops Speak Free...

[SHORTY LONG]

The last I was aware of, is that the First Amendment of the Constitution is still
very much alive, and working.

He could file an grievance under Article 138, and also write his Congressperson to
apprise him or her of the situation.

[troopsspeakfree]

I also thought this was the case but they are trying to charge him with Libel (or at least sent an email to him containing the defintion of it). They have not yet officially charged him but have told others in the squadron to "stay out of it and keep their mouths shut". He has emails proving that what he said was in fact true and never actually said the names of anyone involved. I could send you the link to the article that contains all the posts. This is completely out of hand and he is not being helped at all.

[redleg17]

They can't punish him for what YOU wrote. As long as he keeps his mouth shut and you claim that the published material was just your creation and he had nothing to do with it, there case woukd have little merit.

[questionia]

Your first amendment rights can be abridged when you are in the military - absolutely free speech can be detrimental to good order.

Your boyfriend may be of sufficient rank to have an issue here - especially if he voiced opinions, whether or not he named names given that names could probably be easily deduced given the small community involved. I think officers and non-commissioned officers can be punished under the UCMJ.

[quincy]

If everything that was stated is true, then there can be no successful libel suit brought against your boyfriend. Truth is an absolute defense to libel.

A libelous statement (a statement that is false and defamatory) would need to be made about someone identifiable. Even without names mentioned, if someone can be recognized by the comments made or a situation described then that is considered identification. Any libelous statement made, about this recognizable individual, that resiults in a demonstrable injury to that individual's reputation can lead to a defamation suit. Again, though, truth is a defense in your boyfriend's situation.

Although it does not sound like any legitimate libel action can be taken against your boyfriend regarding the statements made on this online forum, the base commander may be able to action of his own.

[justalayman]

I am far from well educated when it comes to the military. I, as well as many others simply believed that being in the military removed your rights to free expression. WWhile a little research show that to be not true, I did find this excerpt from an article that does explain some of it to me.

[url]http://www.airpower.maxwell.af.mil/airchronicles/aureview/1980/may-jun/moran.html[/url]

Enforcement of these regulations, policy restraints, and traditional restrictions affecting discipline is accomplished through seven articles of the Uniform Code of Military Justice (UCMJ).12 Specific articles prohibit:

1. Commissioned officers from using contemptuous words against the President and other senior civilian government officials.

2. Any person from behaving with disrespect toward a superior commissioned officer.

3. Insubordinate conduct (speech) toward a warrant officer, noncommissioned officer or petty officer.

4. Willful disobedience of an order or regulation.

5. Persons from making provoking or reproachful speeches or gestures towards other persons subject to the UCMJ.

6. Conduct unbecoming an officer.

7. Conduct prejudicial to the good order and discipline of the armed forces, or that will bring discredit upon the service.

Now, while another poster suggested the OP take credit for the postings, OP did include this line:

There were many opinions that were voiced including my boyfriend's.

I would suggest that her publication of his opinions are wwhat is in question. I would suggest that those published opinions have been researched to determine if they were truly the husbands thoughts and have concluded that they in fact were.

So, depending on what was written, I would guess that one of the 2 highlighted sections above may be applicable.

I doubt libel would be applicable but I would guess there are other charges that may be applicable.

[troopsspeakfree]

My boyfriend at no time made reference to anyone in his chain neither directly nor indirectly. The worse he had said in a forum post (which is by screen name and not name by the way) is that he was called "unpatriotic" by someone in senior leadership, not by name or rank (enlisted or officer etc). He has emails which can prove much of what was written (all of which they say is "libel") but yet they are trying to persecute him because they want someone to go down. I am trying to find references to their accusations but have been having a lot of problems and of course NO ONE is his chain is even allowed to help him at all. Any help would be greatly appreciated.

[SHORTY LONG]

FYI: troopsspeakfree your post was edited by our Forum Administrator, because
it violated the Forum Rules from the type of links you had included!

Have you looked at the Sticky, and scrolled to the top where there is a wealth of
information that may or may not be of help.

It is clear, that the law maker[s] did not envision the Blogs, and Military members;
and sooner or later Laws will be made in dealing with such.