New memos from the Air Force and the Navy warn troops to watch their political speech online and in person, and even mentioned Uniform Code of Military Justice violations for certain criticisms of the president or their superior officers.
“The 1st Amendment protects freedom of speech and permits the expression of ideas for all Americans,” Acting Air Force Secretary Gary Ashworth wrote in a March 17 memo. “Service members, owing to their critical role in our national security and the duties and obligations of service, have accepted limits on their freedom of expression.”
Military legal experts who spoke to Military.com find the mentions of potential UCMJ crimes to be somewhat unusual and even threatening to troops who likely don’t have much to worry about when speaking about their personal experiences and beliefs.
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Both the Air Force and Navy memos highlight several UCMJ violations including Article 88, a rarely charged offense that outlaws “contempt against officials” such as the president, defense secretary, Congress and other officials. Both memos also warn of violations such as Article 92 on failure to obey an order or regulation; Article 133 on conduct unbecoming an officer; and Article 134 on disorders and neglects to the prejudice of good order and discipline.
“I think this message is troubling and vaguely threatening. It’s clearly been reviewed by an attorney, but it’s not giving an objective picture on the regulations surrounding free speech,” one current Air Force judge advocate general, who spoke under condition of anonymity for fear of reprisal, told Military.com. “Its mention of criminal charges for disrespectful speech is also without helpful context.”
Service members accept some limits on their political speech when joining the military and are advised to avoid political campaigning or messaging while in uniform or in any official capacity representing the military. The rule is similar to the Hatch Act, which prohibits federal employees from certain partisan activities and was designed to assure federal programs remain nonpartisan.
The Navy’s March 14 admin to all sailors advises them to include disclaimers on social media clarifying their views are their own and don’t represent the Department of the Navy or Department of Defense.
“While service members may generally express their personal views on public issues, uniformed service brings certain limitations to expression, including on social media,” the Navy guidance states.
Both follow a Feb. 19 memo from the Office of the Under Secretary of Defense that advised the service secretaries to remind troops of their apolitical and nonpartisan duties.
“Given the intense focus on recent changes within the department, maintaining the public trust is more important than ever,” said the memo from Darin Selnick, who is performing the duties of the undersecretary of defense for personnel and readiness.
The Pentagon under Defense Secretary Pete Hegseth and President Donald Trump is undergoing a series of unprecedented changes, from the ongoing firings of thousands of civilian employees, the purging of any content and policies related to diversity — including women and troops with minority backgrounds — to the cutting and reprioritizing of billions of dollars in defense spending.
Dan Grazier, a senior fellow with the National Security Reform Program at the Stimson Center think tank in Washington, D.C., told Military.com that the language of the memos seemed pretty standard given the change in the White House, but said he did find the mention of Article 88 to be noteworthy.
“This really seems pretty standard, particularly around the time of a presidential administration transition,” Grazier said. “This is new people and new positions, and they’re just putting out the current administration’s policies.”
However, Article 88 has been used only a handful of times in recent years.
In the 1960s, Lt. Henry Howe was sentenced under Article 88 for protesting the Vietnam War, calling then-President Lyndon Johnson a fascist. In 2021, former Marine Corps Lt. Col. Stu Scheller pleaded guilty to violating Article 88, among other violations, for publicly criticizing military leadership’s handling of the Afghanistan withdrawal.
Eric Carpenter, a former military lawyer who is now a law professor at Florida International University, told Military.com that the memo seemed standard and that mentions of the UCMJ violations were likely a way for the Navy and the acting secretary of the Air Force to show troops they’re serious about their message.
“If a secretary of a service is writing a memo saying ‘knock it off,’ they generally put some sort of teeth in it,” Carpenter said. “So, there’ll be some language in there that says, ‘Hey, look, I’m not kidding.'”
Carpenter said that troops shouldn’t be concerned about talking politics with family and friends or being passively involved in the political process. He added that service members shouldn’t be scared of recounting their personal experiences to reporters.
“It’s a reminder of boundaries,” Carpenter said. “Airmen can still talk about their political feelings, or their political beliefs and what they disagree with an administration, with other people. They just can’t get on stage and say it.”
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