FIRST PRINCIPLES: Constitutional Matters: First Amendment

2006


United States v. Pope, 63 M.J. 68 (an Air Force recruiting regulation prohibiting sexual harassment of recruits did not impermissibly curtail a recruiter’s First Amendment rights to expression; while intimidating, hostile, or offensive speech may be tolerated in civilian society, in the armed forces, other considerations also come to bear; restrictions on speech may exist that have no counterpart in civilian society; the right of free speech in the armed services is not unlimited and must be brought into balance with the paramount consideration of providing an effective fighting force for the Country’s defense; proper relations between recruiters and applicants in the armed forces are indispensable in attracting young people to serve their country and in maintaining military discipline; intimidating, hostile, or offensive conduct of a sexual nature by recruiters drives potential applicants away from military service and undermines the effectiveness of the armed forces). 

 

2003


United States v. O'Connor, 58 MJ 450 (this Court has long recognized that the First Amendment rights of civilians and members of the armed forces are not necessarily coextensive; at the same time, however, this Court must ensure that the connection between any conduct protected by the First Amendment and its effect in the military environment be closely examined).

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