In the military, freedom of speech is treated as like an
independent institution from the liberties enjoyed by regular civilians. “Duty”
and “discipline” are key words that are argued by most militants to why most
officers are obligated to conduct themselves in an opposite manner, separate
from a regular citizen. However, are the organizations associated in the
military so separate from the first amendment?
“Don’t Ask, Don’t
Tell” was a symbolic landmark for equality and freedom to identify whatever the
anti-LGBT-QA discrimination. This policy created barriers within the military
and justly was unconstitutional under many American policies including the
First Amendment, the freedom of expression.
Early this October, Trump reminded us of how discrimination
within the military DADT policy may not have ended with the leave of Obama.
Trump initiated a similar new regulation to disband Transgender militants from
the military. Luckily by the end of October, Supreme court ruled it
unconstitutional.
However, the idea still wanders how separate from the First
Amendment should the military function as an entity under the Constitution in
America.
Brook,
Tom Vanden. “Court Blocks Trump's Ban on Transgender Troops.” USA Today,
Gannett Satellite Information Network, 30 Oct. 2017, www.usatoday.com/story/news/politics/2017/10/30/court-blocks-trumps-ban-transgender-troops/813907001/.
Campaign,
Human Rights. “The Repeal of ‘Don't Ask, Don't Tell.’” Human Rights Campaign,
www.hrc.org/resources/the-repeal-of-dont-ask-dont-tell.
Tedford, Thomas L., and Dale Herbeck. “Chapter 12- Institutional
Constraints: The Schools, the MIlitary, and Prisons .” Freedom of Speech in
the United States, 8th ed., Strata Publishing, Inc., 2017, pp. 347–350.
Your post regarding the military and the freedom of speech was very interesting and I thought you made some really interesting points. To begin, the United States military is based on a hierarchical system, that requires obedience and trust among its members. Additionally, the military is not a system based on individualism, but instead its goal is to be a well oil-machine where every member is in sync with one another. As a result, similar ideologies are encouraged among its members. This makes sense if the military wants to maintain order and efficiency. However, these practices can infringe on the First Amendment rights of its members both directly and indirectly.
ReplyDeleteIn your post, you discussed the “Don’t Ask, Don’t Tell” policy, regarding LGBTQ individuals who are participants in the military. By no means do I feel this policy was appropriate or just, however I do understand why the military took the stance that it did. For the most part, the military is made up men and those who would typically fill the stereotype of “masculine” or “manly”. Often, but not always, these individuals express views that are negative towards members of the LGBTQ community. Therefore, they would be uncomfortable with the idea of LGBTQ members participating in their community and as a result could disrupt the smooth functioning of the military. Unfortunately, the military’s decision to put the beliefs of a certain group of members above other members led to discrimination towards a particular group. Ironically, the military is suppose to represent freedom or the fight for freedom. So, they should include everyone, including members of the LGBTQ community. In all, despite the military system not supporting individual ideas, it can still include everyone without discriminating against those it believes do not fit their mold.