US Soldier Holds American Flag Protest Sign

[kelvin070]

Will he be court martialled or will the constitution protect him?

 

[Ryder]

This seems interesting. Please try to follow this.

 

[GuesSAngel]

well if he's in the military and showing that he won't fight for the country then i guess he will be court martialed....but as of now we don't know that and he's holding a flag in sign of distress...using his freedom of speech.

where's donnie lol

 

[dt3]

If he wasn't in uniform, he'd be able to get away with it. But doing it in uniform makes it illegal under the UCMJ.

 

[kelvin070]

If he wasn't in uniform, he'd be able to get away with it. But doing it in uniform makes it illegal under the UCMJ.

OK, it tallies with one of the comments at Digg.
It's controversial because he's violating regulations by protesting in uniform. Remember, our military members may be fighting to defend the constitution, but they are under the jurisdiction of the Uniform Code of Military Justice. Civilians have freedom of speech, military members are under greater restriction.
DoD Directive 1325.6 says it is DoD policy to preserve military members' "right of expression … to the maximum extent possible, consistent with good order and discipline and the national security." Then it puts limits on that right. Members of the military may protest. But only in the United States. Only off base. Only off duty. And only out of uniform.

 

[nova]

If he wasn't in uniform, he'd be able to get away with it. But doing it in uniform makes it illegal under the UCMJ.

Yep. Its assumed that if you are in uniform you're acting in an official capacity and not as a private citizen.

OK, it tallies with one of the comments at Digg.
It's controversial because he's violating regulations by protesting in uniform. Remember, our military members may be fighting to defend the constitution, but they are under the jurisdiction of the Uniform Code of Military Justice. Civilians have freedom of speech, military members are under greater restriction.
DoD Directive 1325.6 says it is DoD policy to preserve military members' "right of expression … to the maximum extent possible, consistent with good order and discipline and the national security." Then it puts limits on that right. Members of the military may protest. But only in the United States. Only off base. Only off duty. And only out of uniform.

This too. You agree to be governed by the UCMJ when you sign your enlistment papers so in essence, its a voluntary restriction...

 

[Pabst]

its a voluntary restriction...

so is joining. such people act as though they're there against their will or some shit. if you arent prepared to follow orders then simply do not enlist. it really is that simple.

what the fuck do people think the military does? meals on wheels? didnt notice the M1A2's? didnt notice the bradley fighting vehicles, the TOW missles and such? the military's primary role is to kill and destroy. WTF do you think they teach you in boot camp? how to fire a rifle, so you can kill! jesus christ the guy is an idiot.

they need to give dishonorable discharges to people like him, if they dont want to be there, oblige them.

 

[dt3]

I can't speak for this guy, but while I was over there I found the easiest way to avoid killing innocent people was to avoid killing innocent people :dunno

It's not like somebody is going to put an innocent civilian in your sites and pull the trigger. Simple fact is, if innocent people die, then YOU fucked up. Nobody else.