Doesn't the "Don't ask, Don't tell" policy restrict freedom of speech?

Question

But of course straight people will not be prosecuted for talking about their sex lives among other soldiers.
Gays can't let their sexuality be known, so they are forced to limit what they say.
Even if most people don't want to hear anything homosexuality-related, isn't it still putting a prior restraint on their free speech?

Shouldn't this policy be declared unconstitutional if challenged in court?

Answer 1

It's still better then friendly fire out in the field, you do the math.

Answer 2

Think about your question. In the legal system you are entitled to the rules of self-incrimination. By the Constitution you are not necessarily, via the First Amendment, the right to speak of, declare , or descern your own opinion. To declare that you are "of a different sexual orientation" in the military can not fall under 1st Amendement rights.
The first amendement is often used as defense for the most indefensible actions. Supreme Court decisions from not only the beginning, but, to this day support that you can not run into a movie theather and scream fire (causing a riot and death) and shield yourself under the amendment.
To many people think that under this amendment they can say and write anything they want. The amendment came into play in the early 1800's without recognizing the potential advancement of society, communication, or computers. It is constantly revisted, via the Supreme Court, to recognize the changing times.
The Declaration of Independence, the Federal Papers, the Constitution were specifically drawn to be fluid. That is to say they will change to meet the social situation and condition of the current society, vs. those that existed in the 1790-1805. True to the purpose, the Supreme Court, has maintained both that posture and purpose.
When you walk into an employeers premises and clock-in, or are a salaried employee, you effectively waive you first amendment rights. At what work place can an employee openly downgrade or curse an employer without result? NONE. As a serving military person you are nothing more than an employee of the Federal Government. The laws apply equally to those in Federal or Public employment.
To the best of my ability and knowledge no one person that has not "told" has been dismissed. As any employer can and will do, any employee that violates company(country) rules can be dismissed immediately.
Anything considered unsaudry, within the military ranks, is both a crime and worthy of punishment. Gay and straight living together is common on campus, military, life in general. Men speaking of their conquest of women can and is reported as often as men speaking of their conquest of men.
The gay and straight community need to understand a basic premise that has existed for centuries. Do Not Kiss and Tell. Words spoken can not be taken back. A bell, once rung, can not be untolled. Zip-it and Clip-It. That applys to both sides of the story.
Again your inconstitutional issue would be battered by the fact that the employeer presented facts prior to hire of the consequences of such action. Ten percent or better, of our population may be of other sexual orientation. An equal ten percent is without doubt troubled with an addiction of some sort. In the armed forces, in business, in the real world, these ten percent are weeded out and left to the wayside. It isn't a matter of right or wrong just fact.

Answer 3

Do you have a better plan? Let's face it. There are some fairly insecure folks in the military. That's not saying they are bad, or anything. It's owning up to the reality of things. Also, with "don't ask, dont tell" we see a protection of the homosexual who becomes an MP, and is stationed at a facility where non-cosmopolitan detainees are being kept. Can you imagine the black eye we would get for a homosexual Abu Graihb(sp?) scandal? Or, for that matter, the abuses our soldiers would have to endure, if the world knew we had an open door policy to homosexuals, if they were taken captive? The rest of the world isn't a hip as we are, okay? Let's try to exercise a little restraint, until the rest catch up with us, shall we?

Answer 4

No on all counts, no matter how much you try to twist the words and spin-doctor your argument.

The "don't ask don't tell" policy applies only to the US military, and that policy says that the US military cannot ask you your sexual preference; however, if you admit to being homosexual, the military can - and will - discharge you because at present, the US military holds the position that homosexuality is not compatible with military service.

The "DADT" policy does not prohibit anyone from declaring their sexuality, and they won't be punished for saying anything. They'll be discharged because they will be admitting that, according to military guidelines, they are not fit for military service.

All perfectly legal.

Answer 5

Yes it does restrict freedom of speech. Period.

It is also a silly policy. The have it because they say that gays can't be in the military because they may be blackmailed. But if it's okay that they're in the military and gay, then what do they have to be blackmailed about?

I think the policy is really in place because it would discourage straight men from joining if they thought a gay guy would be looking at them in the shower.

Answer 6

It is a stupid policy, but their speech isn't restricted any more than by invoking the provisions of the 5th amendment.

Homosexuality is not allowed in the military. Therefore if you admit to it (i.e. tell) then you are apt to receive the prescribed "punishment" (whatever that is). No different than "confessing" to bringing discredit upon the service by being drunk and disorderly.

Answer 7

Maybe it does, but the protection of both parties is necessary with this policy.

Answer 8

One does not yell tsunami on a crowed beach either. No this rule is for their protection.

Answer 9

Obviously you never served in the U.S. military.

Answer 10

Sure. The entire policy is stupid. If I scream for help, I don't care who comes to my rescue- I would welcome a purple polka-dotted gothic homosexual pygmy to protect my country, as long as they can shoot a gun in the right direction!