Know Your Rights

Published 12 Jun 2025 by girights

THE RIGHT TO FREE SPEECH

Military Regulations allow you some freedom to speak out about your ideas and beliefs, to post them on social media or in the press, to join in demonstrations, or to complain to your member of Congress about military policies and practices. You also have the right to file official complaints (see section below on complaint procedures).

Know that even legal free speech can lead to unofficial consequences and unauthorized harassment if the military doesn’t like what you say. If you want to engage in protests or exercise your right to free speech, we encourage you to talk with one of our GI Rights counselors or military law attorneys listed at the end of this document.

THE RIGHT TO SPEAK OUT

DoD Instruction 1325.06 and regulations in each of the service branches give you the following rights.

You have the right to talk to other folks about your ideas and beliefs, even in public, including:

● the right to talk to or write to the media;

● the right to speak out on social media;

● the right to speak at public demonstrations or meetings, and

● the right to create publications – whether zines, videos, and/or social-media pages.

While military members have rights to free speech, military law curtails that speech in ways that do not apply to civilians:

Political speech is restricted when you are physically at a government or official post, using government issued phones or computers, wearing your uniform, or on duty.
You are prohibited from representing your personal views as though these views are the military's position. Service members may want to be extra clear about this by saying that they’re speaking as an individual and not representing the military.
You’re not allowed to reveal classified or OPSEC information.
You are not allowed to advocate things that are against military law (like encouraging people to go AWOL, calling for the overthrow of the government, or suggesting racial violence).
Officers are not allowed to use contemptuous words towards specific high ranking government officials
Enlisted members are prohibited from using provoking or reproachful words or gestures towards other service members.

THE RIGHT TO PROTEST OR DEMONSTRATE

You also have the right to take part in demonstrations and protests—if you’re in the United States, you can go to off-base protests, rallies, or picket lines. DoD Instruction 1325.06 and other regulations place some limits on these activities. You have to be off duty and on your own time; not in uniform; not on base unless the command gives you permission; and you cannot attend an action where there may be a “breach of the peace” or where “violence is likely to result.”

You can’t appear to be representing the military, just yourself. Wearing any part of a uniform, carrying a sign saying “soldiers want peace” or to talking as if you’re acting on behalf of your command or the service would all risk punishment. If you are in some way identified as a member of the military, you can clarify that you are participating on your own behalf, and not on behalf of the US military.

THE RIGHT TO GO TO OFF-BASE MEETINGS OR TEACH-INS

Unless the command has put a location “off limits,” you’re free to attend off-base meetings, teach-ins, seminars, etc.

POLITICAL CAMPAIGNS

DoD regulations prohibit active duty service members from actively campaigning (including fundraising) for a candidate or party.

However, you can write a letter to the editor in favor of a political candidate, “if such action is not part of an organized letter-writing campaign or a solicitation of votes for or against a political party or partisan political cause or candidate.” If you identify yourself or are “reasonably identifiable” as a member of the US military, “...the letter should clearly state that the views expressed are those of the individual only and not those of the Department of Defense (or Department of Homeland Security for members of the Coast Guard).”

Similarly, you can attend a political rally as a spectator “...when not in uniform and when no inference or appearance of official sponsorship, approval, or endorsement can reasonably be drawn.”

THE RIGHT TO POSSESS LITERATURE

You can possess and download literature on base that the command hasn’t OKed, but you can’t distribute that literature on base. Having multiple copies of literature can increase the risk of being accused of the intent to distribute. Sometimes commands will claim that having two copies of a leaflet for a protest means you plan to distribute it.

LIMITATIONS ON INVOLVEMENT WITH CERTAIN ORGANIZATIONS

DoD Instruction 1325.06 now includes rules about “active participation” in extremist groups or activities, like those that call for the overthrow of the government, for instance, or for a wide range of illegal actions. You can’t actively participate in “advocating or encouraging unlawful force or violence to achieve goals that are political, religious, discriminatory, or ideological in nature.” This can result in disciplinary action or what the military calls “adverse personnel action,” like administrative discharge. And if you’re legally checking out extremist ideas but not actively participating, the command can still counsel you or even refer you for a psychiatric evaluation on the theory that you might take stronger action later. DoD says this policy is aimed at white extremism and ultra-conservative groups and activities, but it has also already been turned against people who are anti-war or progressive.

BE ON THE LOOKOUT FOR RETALIATION

Commands aren’t always supportive or even neutral when you engage in protest activities or make a complaint. (See section on The Right To Make Complaints below.)

REFUSING ORDERS

LEGAL VS. ILLEGAL ORDERS

Some callers to the GI Rights Hotline have expressed concerns about being ordered to help carry out mass deportations, or to put down anti-war or anti-racist protests.

The Manual for Courts-Martial (MCM) says that “a general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.” All members of the military have the right, and in some cases have the duty, to refuse illegal orders. Your oath is to the Constitution (which incorporates international treaties ratified by the U.S. on human rights and the law of war), not to the commander-in-chief or to any other individual in the chain of command.

However, the MCM also says that an order is disobeyed “at the peril of the subordinate,” unless the order is to do something clearly illegal like committing a crime. According to the MCM, the decision about whether an order is unlawful and to be refused is one for a military judge—that is, it’s decided at the objector’s court-martial or on appeal of it. In today’s political climate, there is no way to predict what courts will decide about any order that a service member may believe is illegal.

Sometimes orders are given well in advance, so there’s time to talk to a Judge Advocate General (JAG) or a civilian lawyer about the orders’ lawfulness, and you can make complaints about the order to a member of Congress, or through other complaint procedures (see next section below). But in some cases, the order is supposed to be followed right away, and there’s no time to find out what experts think about its lawfulness. In such cases, a person receiving such an order can first seek to raise their concerns about unlawfulness with their command (even if this ignored), and then document as much as possible the circumstances that would prove that the order was illegal. This evidence could prove critical in a later court-martial. If you have questions about whether an order given you is legal, you can seek help from the GI Rights Hotline or any of the organizations listed below.

IMMORAL ORDERS

You may also be faced with orders that are legal but which you find immoral, so that for you obeying them might be a sin, or against your moral code. Be aware that citing your conscience or higher moral authority is not an acceptable defense in a court-martial but could serve as mitigation in the sentencing stage of a court-martial. If you are being asked to follow orders that you believe are immoral, you can reach out to the GI Rights Hotline or any of the organizations listed below to discuss your options. These may include filing a complaint, seeking legal discharge, or facing UCMJ.

THE RIGHT TO MAKE COMPLAINTS

The military has a number of procedures available to you for any kind of military complaint. If you feel your right to free speech has been violated, if you want to challenge what you believe to be illegal orders, or if you are facing reprisal for exercising your rights, you have several options for filing complaints. Usually complaints are most effective when made in writing and when you are assisted by a GI Rights counselor. For information about your options to make a complaint, you can look here, or call 877 447 4487.

GETTING OUT

Sometimes service members face moral decisions that make them uncomfortable with what the military is asking of them. Seeking discharge from the military may be an option to avoid having to resist legal orders that could lead to UCMJ action against you.

To get discharged from the military, it is usually necessary to fit into one of their categories of separation. These include things like conscientious objection, family hardship, medical/disability, medical condition not a disability, misconduct, and erroneous/defective enlistment. Some of these discharges are voluntary; others must be initiated by the command. For most of these discharges, having civilian support can be extremely helpful in approaching commands and, where appropriate, submitting applications. For help with any of these discharges, call or visit girightshotline.org or reach out to one of the groups in the resource section below.

IF YOU ARE FACING UCMJ ACTION FOR RESISTING LEGAL ORDERS

Refusing to carry out legal orders, even if they seem illegal or immoral to you, can result in UCMJ action. This can range from counselings, nonjudicial punishment, and administrative separation to court martial. Punishments can range from extra duty, forfeiture of pay, restriction, and demotion to brig time and/or a punitive discharge. You can also lose benefits, including VA medical benefits, the GI Bill, and VA home loans. In the history of the US military, many service members have chosen to resist legal orders and have bravely faced the consequences of their actions. To them, this choice was preferable to going against what they believe. If you are considering refusing legal orders, you may want to consult with an attorney, the GI Rights Hotline, or one of the other groups listed below.

If you are facing UCMJ action, you have the right to the following:

● to consult with a military attorney. If you are facing a special or general court martial, you have the right to be represented by a military attorney at your trial. You can also choose to be represented by civilian counsel (not at military expense).

● to refuse NJP and go to court martial, or to refuse a lower level of court martial for a higher one. Some people make this choice to ensure they have legal representation; however, courts martial also have the potential for higher consequences.

● to appeal NJP and court martial proceedings.

● to a separation board hearing, if you are facing an administrative separation with the potential for an other-than-honorable characterization of service, or if you have six years or more in service.

PUBLIC VS. PRIVATE REFUSAL

It may be worth considering that in the past, service members who were vocal in their resistance to orders they were given were often punished more harshly than those who quietly disobeyed orders for reasons other than moral or religious opposition. Vocalizing your dissent publicly can encourage others to take similar steps and help garner support for a cause, but it does bring additional risk.

USEFUL REGULATIONS

On speech, demonstrations, etc:

● DoD Instruction 1325.06 Handling Protest, Extremist, and Criminal Gang Activities Among Members of the Armed Forces

● DoD Instruction 1344.10 Political Activities by Members of the Armed Forces

● DoD Instruction 1334.01 Wearing of the Uniform

● DoD Instruction 1354.01 Policy on Organizations That Seek to Represent or Organize Service Members in Negotiation or Collective Bargaining

● Army Regulation (AR) 600-20 Army Command Policy

● Department of the Air Force Instruction (DAFI) 51-508 Political Activities, Free Speech and Freedom of Assembly

RESOURCES - LEGAL & OTHER SUPPORT

GI RIGHTS NETWORK

girightshotline.org

877-447-4487