888. ARTICLE 88. CONTEMPT TOWARD OFFICIALS
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.
30 Comments for this entry
Leave a Reply
July 11th, 2012 on 3:23 pm
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.
May 2nd, 2013 on 11:12 pm
It would fall under article 134
December 18th, 2013 on 3:59 pm
If you take the article at face value, it doesn’t appear to apply to NON-commissioned Officers (NCOs). I’m not a lawyer, and this isn’t legal advice, but I would agree that it’s still not a good idea if you serve to spout off your personal opinions of anyone appointed or elected above you.
February 19th, 2014 on 2:01 pm
Negative views do not equal contemptuous.
November 6th, 2014 on 8:10 pm
You only care because it is Obama
October 28th, 2016 on 3:10 pm
When on active duty as a JAG, I prosecuted many Marines and Sailors for snotting off about President Ronald Reagan. Your comment about it being “just about Obama” is incorrect.
November 1st, 2016 on 2:11 pm
It sounds like you are using your personal political bias to try and ruin someone’s career. I wonder if you will have the same sentiments when Donald Trump is elected.
January 14th, 2017 on 3:03 pm
Article 134 would cover slanderous/libelous statements or any that could be considered prejudicial to good order and discipline. Specifically objecting to the policies or actions of the President wouldn’t fall under that, but insulting language or calls for his impeachment likely would.
Slander is speech and libel is written speech that are false and defamatory. Saying the President has been divorced twice isn’t libelous. Calling him a disloyal, pathological liar is a potentially libelous insult, and prejudicial to his ability to command.
March 25th, 2013 on 9:24 pm
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).
April 15th, 2013 on 1:01 pm
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.
May 20th, 2013 on 4:44 pm
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.
September 2nd, 2013 on 12:41 pm
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.
September 8th, 2013 on 1:04 am
I’m looking for the same
September 11th, 2013 on 1:30 pm
Article 134, regarding good order and discipline.
September 11th, 2013 on 1:31 pm
Article 134.
October 1st, 2013 on 9:23 pm
Please reply< I also have a soldier who is doing this.
February 11th, 2014 on 5:00 pm
Anne, I blieve it could be covered by Article 91 as, the office of the President is a Non-commissioned officer.
February 21st, 2014 on 12:27 am
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.
April 2nd, 2014 on 9:58 pm
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.
June 4th, 2014 on 3:23 pm
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.
July 22nd, 2014 on 6:26 pm
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
February 25th, 2015 on 5:24 pm
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?
August 9th, 2015 on 11:07 pm
He’s violating Article 92 (failure to obey a regulation). This is assuming he is in the Army or that his branch has a similar regulation. The Army has a regulation that imparts the behavioral standards for officers onto enlisted personnel. I can’t remember the AR-number of it. But I believe it specifically mentions that enlisted personnel must also adhere to the standards of conduct set forth in Article 88.
December 8th, 2015 on 2:50 am
Does this article include retired officers?
May 16th, 2016 on 11:52 pm
There are two types of people, Civilians and Military and we live by a separate set of rules. Make it known to his CMC or Division Officer, maybe they don’t understand.
May 27th, 2016 on 5:42 pm
Everytime Obama goes to Enter marine corp one, he absent-mindedly or not,refuses to acknowledge the existence of the marine at the foot of the steps…is Obama (being on the Chain of Command obligate in any way by the UCMJ. to salute in return 0r at least shake the man’s hand??
October 26th, 2016 on 12:06 am
Are retired military officers subject to the provisions of the UCMJ, especially the portions dealing with politics?
January 10th, 2017 on 12:12 am
Look up:
https://www.jagcnet.army.mil/DOCLIBS/ARMYLAWYER.NSF/0/686b63c63699069485256e5b0054e11a/$FILE/Article%201.pdf
Article in jagcnet. Gives a good eexplanation. Bottom line: Does not apply to NCOs. As to officers, a First Ammendment defense won’t work.
February 3rd, 2017 on 8:45 pm
Does this apply to Officers in the Air Force Reserves?
Colonel Ted Lieu has been posting profanity laced comments online and calling the current Commander-in-Chief “illegitimate”