Legal provides political activity, social media guidance for posting Published April 13, 2016 By Capt. Aaron Petty 375th Air Mobility Wing Judge Advocate SCOTT AIR FORCE BASE, Ill. -- It's political season and already there is a barrage of social media posts and tweets with a wide range of views on the current election, and people often have the urge to weigh in. But before doing so, remember that the issue of posting something on a social media site has far different considerations for service members than it does for civilians. Military members must balance their First Amendment right to free speech against the need for good order and discipline. In essence, the military has a collective responsibility to stay above the political fray. Because of this, Airmen should protect themselves from accidentally violating restrictions on political speech while using social media. "There have been recent social media posts claiming that military members have no constitutional rights ... that we give up those rights when we raise our right hand and take the oath," said Lt. Col Kevin Catron, 375th Air Mobility Wing staff judge advocate. "That's simply not true. However, there are some special rules on political speech that members must follow." CONSTITUTIONAL RIGHTS Social media adds a layer of complexity, since most of the current rules were written before technology became an indispensable part of everyone's day-to-day social lives. What may have been a huge political undertaking 10 years ago (marching, active campaigning, etc.), is a simple click of a button today. First, it's important to remember that service members do not give up their constitutional rights upon entering military service. For example, members accused of crimes have constitutional rights to a speedy trial, the advice of counsel, and to refuse to testify against themselves, among others. A core function of the Chaplain Corps, for example, is to help members and their families take advantage of their right to religious expression. So far as it is consistent with military necessity and preserving good order and discipline, constitutional rights of members are the same as those of civilians. However, as the Supreme Court explained in the 1974 case of Parker v. Levy, the military is, by necessity, a specialized society separate from civil society, and that the rights of members, especially with respect to free speech must be conditioned to meet certain overriding demands of discipline and duty. In other words, just like no one can claim free speech as a defense to shouting "fire!" in a crowded theater, no military member can claim free speech as a defense to disrespecting superiors, disclosing classified information, or engaging in other expressions that is service discrediting or contrary to good order and discipline. LAWFUL RESTRICTIONS ON SPEECH One important category of lawful restrictions on speech is the prohibition on active duty members engaging in certain types of political activities and political expression. Federal civilian employees follow a similar set of rules as a condition of employment. This does not mean that involvement with politics is banned, but the rules governing what is and is not permitted can be complex. Members may (and are encouraged to) vote, sign petitions as private citizens, make donations to political candidates and causes, display a political bumper sticker on a POV, and attend meetings of political organizations while off-duty and out of uniform. AFI 51-902, Political Activities by Members of the U.S. Air Force, lists the prohibited activities in detail, but as a general rule members should avoid anything that could give an appearance of official endorsement of any party, candidate, or cause. These rules, such as a ban of posting campaign signs in base housing, have been around for years and typically do not affect the average military member. How do these rules apply to social media and how can you avoid the pitfalls of these prohibitions? Bottom line is they do apply, although it's still an emerging area and there are not as many "bright line" rules. APPLYING RESTRICTIONS TO SOCIAL MEDIA A few of these rules are more applicable to a social media setting. First is the prohibition for partisan political fundraising. Again, most people won't actively solicit money for a candidate by going door to door in a neighborhood, but posting or sharing links or pages on Facebook that seek to solicit campaign contributions would be a violation against partisan fundraising. Second, while it's generally permissible to express personal views on political candidates or issues, doing so could be an impermissible use of official authority depending on the relative rank and position of the members. For example, it would be impermissible to encourage a subordinate to vote in a particular way face-to-face, so it is equally inappropriate on social media, even if the members are just "friends" and the comments are not directed to anyone in particular. Third, members may not advocate in any media for or against any party, candidate, or cause. Remember that "gray area" discussed above--this is certainly one of them. Politically charged posts as a person identified in the military in a social media setting could certainly trip this prohibition. So, while we can certainly express personal opinions on political candidates (a permitted activity), we may cross the line of advocating for a candidate on social media. Finally, remember that rules on professional and unprofessional relationships apply to social media; as service members in the United States Air Force, standards apply 24/7. Use caution and consideration with whom to become "friends" with on social media. Also consider what is posted--and no, this is not a restriction on Facebook freedom--but if someone would not make the comment to a commander or supervisor, it's not OK on social media either. GENERAL RULES AND GUIDELINES · Personal political views are OK, but may not engage in any partisan political activity: Any activity directed at the success or failure of a political party, partisan political candidate, campaign, group or cause. · Cannot solicit donations or forward invitations to partisan events. This includes posting, sharing or recommending social media partisan fundraising sites or pages. · May "like" or "follow" the social media page of a political party or candidate, but cannot suggest that others "like" or "friend" that partisan account. · , on social media, you are identifiable as a member of the armed forces, you are encouraged to disclaim any DoD or USAF endorsement. This may sound silly, but to your civilian social media friends, it certainly carries more weight.