Getting a firm grasp of our rights and responsibilities

Many people think that when you join the military, you give up all of your constitutional rights. We are told, "A Soldier is a Soldier 24 hours a day," and to just "salute and follow orders."
While these statements are often true, they don't mean we give up all of the rights and freedoms we enjoy as U.S. citizens. Frankly, before I became an attorney, I didn't really have a good grasp of what my constitutional rights were.

Now that I've been a Soldier for more than 21 years and someone who works pretty hard to ensure our Army abides by the Constitution, federal laws and regulations, I have a better understanding of the many rights that Soldiers and federal employees retain and which ones are limited by virtue of federal service or living on a military installation.

A few of the rights we retain are the right to vote, freedom from unreasonable search and seizure, the right to counsel, the right to bear arms (subject to state, local, and installation restrictions), and the freedom to worship as we choose (subject to limitations on the exercise of that religion in the workplace and the requirements of the position, for example, Soldier uniform and appearance requirements).
Free speech is a big issue, and, with presidential elections just around the corner, you should be aware of the free speech limitations and restrictions imposed on federal employees and military
servicemembers.

Federal law ("The Hatch Act") makes it illegal for a government employee to attempt to influence or interfere with an election's result. The rules are all intended to avoid the appearance the government or its agencies are trying to affect an election's outcome.

For example, you cannot use your official title while participating in political activity. You are also prohibited from soliciting campaign contributions, even if you do so anonymously, and you may not sponsor a political fundraising event.

Finally, you may not participate in political activity while on duty, in a government workplace or while using a government vehicle.

There are some other rules, specific to agencies or grade levels (so, as always, for specific questions, talk to your legal adviser).
Finally, bumper stickers on privately owned vehicles are normally permissible; however, large signs are not allowed.

As a servicemember, I am subject to additional restrictions. I am not allowed to attend political meetings, rallies or conventions in uniform. I cannot participate in partisan political management, campaigns or conventions (unless attending a convention as a spectator when not in uniform). I cannot run for elective office.

I can sign a petition as a private citizen, but I cannot use my title or military rank. I can encourage others to vote but cannot tell them how to vote. I cannot speak before a partisan political gathering, participate or march in a partisan political parade, nor can I perform clerical or other duties for a partisan political committee during campaign or Election Day.

The rules that put additional constraints on servicemembers' speech and activities are designed to ensure military deference to civilian authority and that there is a clear understanding that members of the armed forces are not involved in attempting to influence the outcome of an election.

The Uniform Code of Military Justice, Article 88, prohibits commissioned officers from using contemptuous words against certain public officeholders. The UCMJ prohibition on contempt toward public officials is in keeping with our responsibility to ensure respect for the superiors appointed above us. In our constitutional system, the military is subordinate to the civilian leadership, and it can't really work any other way.

And what about those of you who aren't federal employees or military servicemembers, but live on a military installation? DoDD 1344.10 prohibits military installation residents from "display[ing] a partisan political sign, poster, banner, or similar device visible to the public at one's residence on a military reservation, even if that residence is part of a privatized housing development."

Because I am a federal employee, there are restrictions on my political activities, limiting my freedom of speech. Because I am a Soldier, I must additionally contribute to good order and discipline within the military service. Living on a military installation also means giving up the ability to display campaign materials at your residence.

We all give up a few rights to have the privilege of working for and serving our country with pride. What better way can there be for any of us to enjoy our freedom and fulfill our duties as citizens?