Recently there has been increased attention to involvement in politics by military personnel. The November election is approaching and people are active in political campaigns. This incident described in the media is just a more recent one.
Huffington Post reported the following incident in Alaska:
One of the most troubling campaign moments this election season occurred Sunday night, when security guards working for Alaska Tea Party candidate Joe Miller detained and handcuffed a journalist as he tried to ask the GOP Senate nominee difficult questions.
Further, two of the guards who assisted in handcuffing and forcibly detaining Alaska Dispatch’s Tony Hopfinger were active-duty soldiers moonlighting for Miller’s security contractor. . . .
“As I read the regulations, regardless of the moonlighting or whether they were being paid for it, they shouldn’t have been there performing these functions in the course of a political campaign,” said Eugene Fidell, who teaches military law at Yale Law School and is president of the National Institute of Military Justice. “Had they been mere spectators it would have been fine. But being part of the team running the event crosses the line.”
As the article correctly points out, a starting point for any discussion or concern about political activity by a Service Member begins with Department of Defense Directive 1344.10, as further expanded by Service regulations which implement the Joint Ethics Regulation and the DoDD.
There are two basic points: the Department of Defense (DoD) and the UCMJ Articles 92 and 88 “regulate” the individual servicemembers political activity.
If you plan on being politically active beyond voting, making a personal campaign money contribution, showing a bumper sticker, or attending an event out of uniform and in your pure personal capacity you should familiarize yourself with the regulations. And if you have concerns or the rules appear ambiguous consult a military lawyer who can help you understand your rights, but also your limitations.
