Posted on May 15, 2020
Being in the Army, do you think your constitutional rights are violated in some way or form?
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Open discussion if anyone as an example they have seen, or are dealing with right now. Is their a conflict of interest between UCMJ and our own rights?
Constitution
Bill of Rights
UCMJ
JAG
Posted >1 y ago
Responses: 37
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No not at all.
Your 2nd amendment rights are not infringed. You can own a firearm you just can’t have it in the barracks. Just like I can’t have a gun at my civilian job in the VA.
Free speech - you can still say what you want in the military, but it’s one of the employers who will hold you accountable for what you say/post online in social media. It’s not really different than any government civilian job. Many government jobs have social media policies. Many of us are restricted by things such as the Hatch act.
You weren’t drafted. You signed up just like a civilian could take a job and choose to abide by the rules of that job. Yes harder to get out of your employment contract than a civilian one, but still no our rights are not being violated.
Your 2nd amendment rights are not infringed. You can own a firearm you just can’t have it in the barracks. Just like I can’t have a gun at my civilian job in the VA.
Free speech - you can still say what you want in the military, but it’s one of the employers who will hold you accountable for what you say/post online in social media. It’s not really different than any government civilian job. Many government jobs have social media policies. Many of us are restricted by things such as the Hatch act.
You weren’t drafted. You signed up just like a civilian could take a job and choose to abide by the rules of that job. Yes harder to get out of your employment contract than a civilian one, but still no our rights are not being violated.
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PO2 Quentin Steinberg
Last 2 1/2 yrs I was in the Navy, PO2 (E-5) I was assigned to the base Police at
NAS Miramar near San Diego CA. There were so many junior enlisted that would try to get out of some infraction or other, by crying about their rights being violated In one way or another. The advantage that Military Police have over our civilian counterparts, is that the UCMJ covers things like "Disrespecting superiors" and "Failure to follow a lawful order"
As you can imagine, the demographic that represented the vast majority of interactions were young enlisted who had recently been assigned to their first duty station, after spending their first year of their enlistment being taught what a badass they were when add alcohol and you now have the makings of busy Saturday night, dealing with young men and, to a lesser degree, woman, that have no compunctions what so ever of letting you know that they were well aware of their civil rights and are making a list to keep track of every violation of those rights that you had violated!
NAS Miramar near San Diego CA. There were so many junior enlisted that would try to get out of some infraction or other, by crying about their rights being violated In one way or another. The advantage that Military Police have over our civilian counterparts, is that the UCMJ covers things like "Disrespecting superiors" and "Failure to follow a lawful order"
As you can imagine, the demographic that represented the vast majority of interactions were young enlisted who had recently been assigned to their first duty station, after spending their first year of their enlistment being taught what a badass they were when add alcohol and you now have the makings of busy Saturday night, dealing with young men and, to a lesser degree, woman, that have no compunctions what so ever of letting you know that they were well aware of their civil rights and are making a list to keep track of every violation of those rights that you had violated!
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SFC Bryan Stetzer
Update: I hunted this article down. It was actually the Summer 1996 issue of NCO Journal. It can be found here: https://static.dvidshub.net/media/pubs/pdf_28293.pdf on page 4.
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MAJ Bryan Zeski
I think we could make an argument that you DO, in some sense, give up some free speech rights. If we could simply be fired, I could see where it wasn't a Constitutional infringement - but, if we can go to jail - which we can - then you DO give up some element of free speech to join the military.
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CPL Sarah Stilwell
I was told by a flight attendant that the airline didn't allow them to have social media accounts featuring employees in uniform either
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What is your example? I'm gathering you wouldn't have popped this question if you didn't have one.
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MAJ Bryan Zeski
Cadet 2LT (Join to see) - You are correct. A Commander has no authority to inspect off post housing.
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CPL Sarah Stilwell
SSG (Join to see) I didn't have internet or phone calls in iraq for a year. I may be locked down with the rest of the usa but I got netflix lol.
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CPL Sarah Stilwell
SSG (Join to see) I see where your coming from. I knew a lot of guys who felt better with a gun in the home when they lived on base. I grew up on base as a kid too. From what I understanderstood it was a law about federal property. You cant have a gun at the off base commissary or VA clinics either. So i get how you feel if your use to having it with you. Unfortunately it's just one of those rules. Like having PT at 5am, it's just part of the deal.
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