Posted on Jun 28, 2014
How do you feel about soldiers signing a political petition?
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Battles..question is this... How do you feel about soldiers signing a petition? Now I now this is freedom of speech however this is in reference to a soldier signing a petition to legalize marijuana. Is this violation of AR 600-85 or is this considered free speech? Besides pulling this soldier away and talking to them about the issue is there another way to correct the issue?
Posted in these groups: 
Freedom of Speech
Freedom of Speech
Posted >1 y ago
Responses: 13
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To me signing a petition is not much different than voting. As long as it is done out if uniform, it should be fine.
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MAJ Robert (Bob) Petrarca
In a sense that is very true SPC Smith. The difference being that a referendum or election is an approved and authorized event where a petition is completely off the radar and in the case presented by SSG (Join to see), highly questionable in nature.
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SPC Christopher Smith
Seeing how petitions should be protected under Free Speech, it doesn't matter what a person supports when out of uniform. Just because they personally believe that weed should be legal, out of uniform they represent their own views, and not the views of the Army as so many people seem to believe. Just as any other corporation, you have to protect their views in their uniforms. On your own time, in your own clothes you are only representative of yourself. If you feel the need to recommend UCMJ over a petition, more than likely it is less the signing of the petition as much as you don't agree with what the petition is about and now attacking the person over their views. The original argument really was that the person was upset that the SM in question is positioning to legalize weed, not just he signed a petition. If the signing was more important he wouldn't have brought up what the SM signed about.
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SSG (Join to see) without doing some research and based only on the information provided, if the petition was signed off post and out of uniform I would not have an issue with it. If the petition was being circulated on post, then I believe we have a problem. If the Soldier was off post and signing that petition in uniform, again I believe we have a problem.
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1LT (Join to see)
Couldn't possibly agree more. There's a fine line between wanting to follow the rules as a good leader and going out looking for issues with personnel. People need better things to do with their time. Who cares?
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Signing a petition asking for the legalization of weeds isn't the same as smoking weed. It simply supports the legalization of a controlled substance. It's perfectly within the Service Member's right to exercise free speech on their own time and out of uniform.
The only petition that could conceivably be in conflict with UCMJ would be a petition that supports any form of sedition. This type of petition is not in keeping with UCMJ or our Oaths of Enlistment.
The only petition that could conceivably be in conflict with UCMJ would be a petition that supports any form of sedition. This type of petition is not in keeping with UCMJ or our Oaths of Enlistment.
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Good question. In this case the SM is signing a petition which supports an issue that violates UCMJ. Foolish on their part, but unless you catch them red handed, I don't think there is anything that can be done. If they are not in uniform and not representing the service I don't believe they are violating regs.
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SSG (Join to see)
Thank you sir with the government allowing states to legalize it, now I know that marijuana is illegal in DoD however the regs are iffy in relation to this.
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SSG (Join to see)
Absolutely I strongly agree with what both of you have said and that has been my stance on the situation I have approached it along the lines of politics as long as you are not in uniform and coercing others to sign, however the matter of sponsoring the fact that marihuana should be legalized is the same as the glamorization of alcohol in my opinion. Thank you both for your feedback
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CPT Jenn Dory
Supporting the legalization of a substance prohibited under the UCMJ is not the same as using a substance (legal or otherwise) that is prohibited. Out of uniform, off post and on his/her own time -- as long as the way in which the soldier is behaving during the signing is in keeping with good decorum -- is their prerogative. Once the line is crossed to bringing it to the post/uniform/etc, or actively using it, that's no longer free speech, and is punishable.
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First, signing a petition as an American citizen is generally OK, and as previously stated, has some caveats.
But, unlike our secret ballot system, I would caution that signing a petition often becomes a public record. All of us who sign petitions should be aware that our anonymity disappears once we sign the petition – so we should be prudent regarding which petitions we sign.
In my family research, I discovered an ancestor that, along with his neighbors, signed a petition in 1861 to the governor of Virginia urging his state’s secession from the United States. His signature on that petition had real ramifications, with subsequent impact on his enduring legacy through successive generations.
Many years ago, while attending college, I signed several petitions of candidates trying to get their names added to the presidential ballot. Consenting to the sales pitch, and in some cases, the batting of eyelashes of the petition signature collectors, I neglected to conduct meaningful independent research into their backgrounds. Twenty years later, while serving in the Army, I received a letter from one of the same candidates, asking if I would be his campaign manager for my home state (and presumably, to coordinate petitions to have his name added, once again, to the presidential ballot). Lesson learned – searchable databases are created from your signature on a petition.
But, unlike our secret ballot system, I would caution that signing a petition often becomes a public record. All of us who sign petitions should be aware that our anonymity disappears once we sign the petition – so we should be prudent regarding which petitions we sign.
In my family research, I discovered an ancestor that, along with his neighbors, signed a petition in 1861 to the governor of Virginia urging his state’s secession from the United States. His signature on that petition had real ramifications, with subsequent impact on his enduring legacy through successive generations.
Many years ago, while attending college, I signed several petitions of candidates trying to get their names added to the presidential ballot. Consenting to the sales pitch, and in some cases, the batting of eyelashes of the petition signature collectors, I neglected to conduct meaningful independent research into their backgrounds. Twenty years later, while serving in the Army, I received a letter from one of the same candidates, asking if I would be his campaign manager for my home state (and presumably, to coordinate petitions to have his name added, once again, to the presidential ballot). Lesson learned – searchable databases are created from your signature on a petition.
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I agree with the majority of the respondents here in that as long as he is off duty, off post and not in uniform, there is no issue here. A simple reminder about use of said product is against UCMJ regs would be a good idea.
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Just because someone signs the petition doesn't mean they are smoking pot. Maybe they have reasonsome for their views, but don't partake in the behavior. Assuming so is wrong on your part. Don't get me wrong this person could fail a UA, but that doesn't mean they are a smoker, because they signed a petition.
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A soldier has the right to sign petions. He must do this as an individual and not as a soldier. In other words he signs as Mr. John Doe not PFC John Doe-US Army. There is no corrective action to take if the soldier signed a petition as an individual US citizen. Just remind the soldier not to use his militarry status when lending his support to politcal issues. You might als remind this soldier that the Army still considers marijuana to be an illegal drug and that local laws will not apply to him, even if he used marijuana off post.
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References: (a) DoD Directive 1344.10, “Political Activities by Members of the Armed Forces on Active Duty,” August 2, 2004 (hereby canceled)
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If I remember, correctly, the issue about being politically active is about NOT attending rallies, protests, etc. in uniform. However, I also recall there was a certain amount of confusion in the ranks about what was and was not allowed, so many of the youngest and newest in particular did not pay attention to politics - even to the point of not voting. Some units went so far as to delay opportunity for soldiers to register to vote so that it was past the deadline, and they couldn't. Something like that sends a strong message about what the unit prefers. I suppose if/when someone does something they shouldn't, the unit leadership must answer for it too, so discourages political interest.
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