UCMJ – United States Code of Military Justice

888. ARTICLE 88. CONTEMPT TOWARD OFFICIALS

10. Punitive Articles

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.


19 Comments for this entry

  • Anne

    Where can I find regulations regarding an NCO posting negative views of the President on Facebook. I advised this person to think before posting, and then he quoted the Constitution and such. Please advise.

  • Brad

    2.13.1. You have the right and duty as an American citizen to vote and to voice your opinions concerning political matters; however, you must be careful that your personal opinions and activities are not directly, or by implication, represented as those of the Air Force. Further, Article 88, UCMJ, prohibits commissioned officers from using contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a Military Department, the Secretary of Homeland Security, or the governor or legislature of any state, territory, commonwealth, or possession in which he or she is on duty or present. Enlisted personnel who make derogatory or disrespectful statements about political leaders may violate Article 134, UCMJ, when their military status is associated with the statements (such as making these comments on a social networking site where the member’s employment with the Air Force is also listed).

  • Matt

    I know, the feeling. I really didn’t like what I heard. I did my research to find out what could be done with comments by an NCO about our President. Only officers, because of their oath. It was in the last election, a few hours before Obama was re-elected. It wasn’t professional, that’s for sure.

  • Baller

    If the conduct is contrary to good order and discipline then a violation of UCMJ Art. 93 (Failure to obey a lawful order or regulation) has occured.

  • SFC Cox

    You need to contact JAG, UCMJ has nit caught up with technology. They will tell you specifics on how you need to handle the situation, legally.

  • Bob

    I’m looking for the same

  • Carl

    Article 134, regarding good order and discipline.

  • Ken

    Please reply< I also have a soldier who is doing this.

  • Kurtis

    Anne, I blieve it could be covered by Article 91 as, the office of the President is a Non-commissioned officer.

  • cdg

    Why are you so concerned with what someone says about Obama? Worse was said daily about Bush & you didn’t turn anyone in for that did you? Sheesh.

  • jwc

    You been in the service long? Did it bother to hear that stuff prior to the CIC’s tenure?

    I got a shiny new quarter that says it didn’t.

  • Cory

    Anne,

    Article 88 only applies to Officers due to them holding a position as a Commissioned Officer of the United States. An NCO does not hold a commission so is not an official Officer of the United States so Article 88 does not apply in anyway. He was correct about the Constitution and most likely was citing the First Amendment to you, but with military service there are narrow limitations not prohibitions on the Enlisted with the First Amendment.

  • Nguyen

    it is officers only, because the president i believe is the one who signed and commissions them. also now of days you need to becarefull in what say, because you could be charged with “bringing discredit upon the armed forces” which is light had to hold but.. it possible

  • David

    I would like to know if a base commander has the authority, and most importantly the jurisdiction, to re-leave a person of duty thereby discharging him without the requirement of charges and hearing, or due process of law?

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