Political Activism While Serving in the Military

By Taylor Mayo, Fort Bliss Legal Assistance Office

Can military members participate in political rallies or protests?  The basic answer is:  Yes, but there are some limits and considerations.  The Department of Defense does not prohibit service members from becoming involved in politics or social protests, however, the DoD does have the power to limit service members’ political involvement. 

No matter how service members want to get involved in politics or public protests they must never wear their uniform while at the rally or protest.  Every effort should be made to ensure that no connections are made between the military and the event.  Service members must be careful that their military service is not tied to the event or to their personal opinion.  This includes using or showing any military gear.

As a general rule, service members are not allowed to work for or participate in events in support of a partisan organization.  Partisan organizations are those who support or work to advance a single political party.  Conversely, service members are allowed to participate in political activity, so long as it is non-partisan.  Some things that are specifically identified as non-partisan are activities related to state constitutional amendments, municipal ordinances, or other things of a similar nature.

Service members looking to get involved in political organizations or events must consider a few things.  First, and foremost, be careful.  With the use of social media, it can be very tricky to identify when something is allowed and when it is not.  For example, service members can support a political candidate, and they are allowed to voice that opinion on social media, however, if he or she chooses to express that opinion it must:  (1) have no affiliation or mention that the service member is in the military, or (2) have a clear message on the video, tweet, post, etc. that the opinion expressed does not represent the opinion of the military or the Government.  Further, service members are allowed to follow political figures, like posts by political figures, etc., however, they should refrain from encouraging others to follow and support political figures.  Service members are allowed to write letters to editors of newspapers supporting or criticizing certain views or opinions.  However, service members cannot publish articles, letters, or endorsements favoring a single political party candidate or organization.  As previously stated, care is of the utmost importance when getting involved in political organizations, due to the difficulty in determining if a particular action is allowed by the DoD.  If there is ever a question regarding the organization or activity that service members want to join, a member of the chain of command or a Legal Assistance attorney should be consulted.  Second, participation is extremely limited.  Service members are essentially only allowed to go to meetings and be a spectator.

So what can a service member do?  Service members are allowed to:  (1) vote, and express an opinion on an election, taking care not to lead others to believe their opinion is the opinion of the Armed Forces; (2) encourage others to vote; (3) attend meetings for both partisan or non-partisan political groups as a spectator; (4) assist in elections, so long as the assistance is not as a representative of a partisan political party, the assistance does not interfere with military duty, the assistance is given when not in uniform, and is approved by the Secretary of Defense; (5) sign petitions, so long as no further action is required by a partisan political party; (6) write letters to editors of newspapers expressing a personal opinion; (7) donate money to political organizations; and (8) put bumper stickers on the service member’s private vehicle.

The key distinction between what is allowed and what is prohibited lies in the separation between personal opinion and service in the military.  As a general rule, service members cannot take any action that would imply the military supports a particular candidate or party or lead anyone to believe that a service member’s personal opinion is that of the Armed Forces overall.

The consequences for participating in protests or rallies that the DoD prohibits can be severe.  Service members could face administrative punishment or criminal punishment under the Uniform Code of Military Justice, if they are caught participating inappropriately.  It is very important to discuss any potential involvement with Legal Assistance attorneys or commanders to ensure that participation is allowed.  DoD Directive 1344.10 can provide more information regarding what is allowed and what is prohibited.

To speak with an attorney in the Fort Bliss Legal Assistance Office on this or any other topic, please schedule an appointment by emailing usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil any time, or calling (915) 568-7141 during LAO business hours.