Michigan State University Extension
Diversity and Pluralism - DP120283
12/95/
ERIC TITLE NUMBER: ED298558 AUTHOR: Packer, Cathy
TITLE: Freedom of Expression in the American Military: A
Communication Modeling Analysis.
YEAR PUBLISHED: 1988
NOTE: 48 p.; Paper presented at the Annual Meeting of the
Association for Education in Journalism and Mass
Communication (71st, Portland, OR, July 2-5, 1988).
ABSTRACT: A study used a communication perspective to
examine the extent to which the civilian/military First
Amendment dichotomy is warranted and to add to First
Amendment theory the subject of the First Amendment rights
of servicemembers. The study was limited to the freedoms of
speech, press, assembly, petition, and association. It did
not include freedoms of religion or privacy, the rights of
gay servicemembers, or the right not to register for the
draft. Traditional legal research methods were used to
uncover the legal rationales that support the
civilian/military dichotomy. All the military speech cases
from all levels of the military appeals courts and the
federal civilian courts were examined. Also examined were
the congressional debate over the adoption of the Uniform
Code of Military Justice and three unlitigated military
speech controversies from the post-Vietnam period. Results
indicated that civilian and military courts have used the
following four rationales which suggest that military
speech must be curtailed if it threatens: (1) the political
neutrality of the armed forces; (2) servicemembers' loyalty
and morale; (3) strict order, discipline, and obedience in
the military; and (4) diplomatic relations. Findings
support the conclusion that military society is viewed by
the courts as substantially different from civilian
society. A communications model is suggested in which
military communications is a discrete, linear process that
can be stopped and the purpose of which is usually
persuasive. (One hundred forty-six footnotes and two
diagrams are attached.)
(RS)
KEY DESCRIPTORS: Communication-Research; Federal-Courts;
Models-
KEY DESCRIPTORS: *Court-Litigation; *Freedom-of-Speech;
*Military-Personnel
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