Does the first amendment apply to the military?

Question

I ask this question because the military currently endorses the policy of "Don't ask, don't tell", which directly violates the first amendment.

Okay people this question was not meant to be loaded and has nothing to do with me personally, so I encourage all the political rhetoric to be left out. Thanks

Answer 1

Once you enlist, you are covered under the UCMJ. Uniform Code of Military Justice. The UCMJ is much like the Constitution, but you do give up some rights, " in order to maintain, good order and discipline, " in the military. You have additional rights under the UCMJ that you do not have in Civilian life also. For instance, the right to request mast. That is the right to talk to your Commanding General if you feel your being mistreated or have been wronged. So you trade some of your rights and you get others in return, all "in order to maintain good order and discipline."

Answer 2

Unfortunately, but necessary, once you take the Oath, you loose your First Amendment Right of Free Speech and Assembly. However, how many positions in private industry allow their employees to say what they want and to whom they want at any time without consequences? It is a trade off. The US Military requires sacrifice of ones previous rights in order to insure that all of your neighbors not on active duty may enjoy those First Amendment Rights. In regard to "Don't ask, don't tell." This aspect of the US Military was a political action on the part of a Commander-in-Chief who was constantly at loggerheads with his General Staff. To those of us, who are old soldiers, we could care less of any ones lifestyle orientation. If the person can do the job, then so be it. Also, there are two things to remember about service in the US Military: (1) Rank is everything; and (2) keep your mouth shut. Good luck.

Answer 3

No active duty military and ex military or prevented from specking about certain things. One of which it to speak against the commander and chief. that is why all the head guys support the war until they retire. Active duty military give up a lot of rights to defend everyone Else's.

Answer 4

Wasn't that the first piece of legislature that Bill Clinton signed, he was really doing some serious work. Its better to tweak the 1st amendment than to have a polarized military, don't you think butt-munch.

Answer 5

No. One gives up a lot of rights and freedoms upon joining the military.

Answer 6

No it does not apply to the military. The military has the UCMJ.

People in the military also cannot talk bad about their commander in chief, even when it was that idiot Clinton.

Answer 7

Many of the Freedoms that we take for granted as American citizens, and the ones that our troops are sworn to defend in the Constitution do not apply to an active member of the Armed Forces.
For example, if I am suspected of a crime, I'm innocent until proven guilty. If a soldier is suspected of a crime and faces Court Martial, he is considered guilty until proven innocent.

Most people are not aware of the true sacrifices that our soldiers make so that we can enjoy the protection and freedoms granted by our US Constitution.

Answer 8

When you sign that contract to join the Military, you advocate a lot of rights; its all in the contract.

Answer 9

Ditto with everybody else UCMJ laws hun. Your tipical civilian american rights go out the window.

Answer 10

Im x-military.What they mean by dont ask,dont tell is the secrets act.If your on active duty or even retired,it is best to keep your mouth shut but keep your ears open.In doing so you protect yourself,and your nation.