In the US (but info on other countries is welcome) what limits on free expression are placed on members of the military that aren’t placed on civilians? Are there restrictions on members of the National Guard or Reserves when they aren’t on active duty?
Art. 88 of the UCMJ makes it a court martial offense for commissioned officers to publically criticize certain public/elected 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.
Enlist personnel can be charged under Art. 134, The general art., which covers acts “predjudicial to the good order and discipline of the armed forces…”
Although uses of this art. to suppress “freedom of speech” are rare.
Prior to 1951 and the inception of the UCMJ, courts martials for criticizing superiors were apparently quite common. One of the important points of the UCMJ was it’s protection of civil rights of military personnel.
I was in the Navy Reserve during the Tailhook scandal of 1991.
I distinctly remember our Commanding Officer telling / warning members of my unit not to make any statements of any kind to the newspapers, TV stations or any media outlet and that we were in no way to comment on the situation speaking as a member in uniform lest we face consequences of the dire sort. On the off chance that a reporter did question someone from the unit, we were to refer them to -I don’t remember- maybe the CO of the Reserve Center or some higher-up.
Then a few months later, in typical knee-jerk reaction, every reservist had to attend a two-day sexual harassment training program. I was never one to sleep during class since I find it very difficult to fall asleep from a seated position but I do remember one of the videos putting me and I think every other member of the group, in to a deep slumber.
Currently Article 134 is not as much of a “catch-all” as many think it is. The specifics of what is considered to be a violation of Article 134 are laid out in the Manual for Courts-Martial. A commanding officer can’t just say, “Hey, I don’t like what he did so I’m going to slam him under 134!”
I was in the US Navy from 1983 to 1989.
I was told by the officers appointed over me that we were not allowed to engage in public displays of free speech (electioneering, protest marches, labor strikes) in uniform. The idea behind this was explained as the military must not be seen as taking sides in public debates. The military does not set policy, so it should not be seen as favoring “one side” or the other.
As far as critisising superiors as a “private” internal matter, it is still not allowed. Disruptive to “good order and discipline”. “Grousing” happens, sure, but there is still military discipline and bearing to consider.
I think insubordination falls under what the OP is asking for. You can call your boss an asshole if you are a civilian. Of course you might be fired but you have the right to say it. In the military you could be convicted of a crime for the same thing. Also there is no “free” speech when you are talking about classified information.