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Political activism: Know the rules

  • Published
  • By Capt. Heather Rowlison
  • Legal Assistance chief
SCOTT AIR FORCE BASE, Ill. --  Democrats and Republicans will soon hold conventions to officially select their presidential candidates for the 2008 elections. With presidential primaries just around the corner, political debates are taking an increasing role in the lives of many servicemembers.

Candidates want votes and help in getting other votes. Military members can be politically active but they must do so within specific limits. Political activism outside these limits can result in stiff punishments.

Different rules apply depending on whether the activity is partisan or nonpartisan.

Partisan political activities support a candidate or issue specifically identified with a political party. Candidacy is partisan even if the candidate is not affiliated with a political party.

Partisan political activities are heavily restricted in order to maintain good order and discipline and to demonstrate to the public that the military is politically neutral.

Air Force members cannot:
· make campaign contributions to a partisan political candidate.
· participate in partisan political campaigns, not even providing clerical support.
· author, authorize or publish articles soliciting votes for a partisan candidate.
· serve in any official capacity in a partisan club or be a sponsor of a partisan club.
· appear on radio, TV or group discussion advocating a political party or candidate.
· fundraise in federal offices or facilities or solicit funds from government employees.
· recruit others to become partisan candidates, even for state offices.
· march or ride in a partisan political parade.
· attend partisan political events as an official representative of the military, even without participating in the event.
· display a large political sign or banner on the top or side of their vehicle.

Nonpartisan political activities, by contrast, are not party-specific. Rather, nonpartisan activities deal with stand-alone issues like municipal ordinances, animal rights, constitutional amendments or environmental concerns.

Nonpartisan political activities are generally permissible, provided the following rules are adhered to: do not participate in uniform, refrain from using government resources or facilities and do not implicate the Air Force as endorsing or supporting the activity.

Personal opinions can also get servicemembers in trouble in some situations. For officers, it is a violation of Article 88 of the Uniform Code of Military Justice to speak, write, authorize, publish or distribute phrases that display contempt for the president or other high ranking officials, even if the phrase is prefaced by, "this is only my personal opinion."

The contemptuous language prohibition does not apply to enlisted individuals. However, there is a provision in the UCMJ prohibiting disloyal statements, for officers and enlisted alike, who take their personal statements too far (Art. 134). Examples include praising the enemy, attacking the war aims of the United States or disavowing allegiance to the government.

The point is to choose words carefully when discussing politics and to be certain the audience understands that the views presented are not representative of the Armed Forces.

Some activities permissible to engage in, under certain conditions:
· display political bumper stickers, but not on top or side of car, and not large enough to constitute a political sign or banner.
· make monetary contributions to an organization or political action committee that favors a particular party or candidate, but you cannot directly contribute money to a candidate.
· write a letter to editor of a newspaper expressing personal views on public issues, provided those views do not promote a partisan political cause.
· distribute political literature on base, but not without prior approval from the installation commander.
· attend political meetings, clubs or rallies, including political conventions, provided that members are not in uniform.
· participate in demonstrations if: not on duty, not in a foreign country, not in uniform, not breaching law and order and violence is not likely to result from the demonstration.

Finally, for those who are active in the community in their off-duty hours, it is okay to use name, grade and service as part of a normal address in teaching, speaking, writing or even in a personal capacity. It is not permissible, however, to reference official titles, positions or organizational names.

Keep in mind that this list is not all-inclusive. For more information, visit the legal office or call 256-3542. Guidance may also be found in Air Force Instruction 51-902. And don't forget to vote!