Social media offers powerful tools for expression and connection. However, as a military service member, it's essential to recognize that your online behavior is subject to strict scrutiny under the Uniform Code of Military Justice (UCMJ). I’m Cody Harnish, and I want to help you understand the potential legal consequences of your online posts and how I can protect your rights and career.
Can You Be Charged for What You Post Online?
Yes, your online activity can indeed lead to military charges. As service members, you are held to high standards of conduct that extend to your digital life. Statements on social media that could be perceived as undermining the authority or decorum expected in the military, disclosing sensitive information, or disparaging superior officers are all potentially chargeable offenses under the UCMJ.
For example, Article 88 restricts commissioned officers from using contemptuous words against senior leaders, while Article 134 applies to enlisted personnel, addressing conduct that threatens good order and discipline or brings discredit to the military. These provisions are not limited to spoken or written words within military confines but extend to the digital realm.
Examples of Concerning Posts:
1. Disparaging Comments: Publicly criticizing military leadership or the government in a manner considered disrespectful or contemptuous can lead to charges.
2. Sharing Sensitive Information: Posts that include classified or operationally sensitive military details are clear violations of military law.
3. Discriminatory Speech: Expressions of prejudice or hate speech, even if personal or "joking," can conflict with military values and result in disciplinary action.
How My Firm Can Help:
Experienced Legal Advice: I specialize in military law and understand how it applies to the nuances of social media and online conduct. I provide preventative advice to help you stay within the boundaries of military regulations while online.
Defense Representation: Should you face charges related to your online activity, I am prepared to defend you robustly. This includes challenging the application of military laws to your speech and advocating for your fundamental rights.
Negotiation and Advocacy: In situations where charges are brought against you, I am skilled in negotiations and plea bargains that can potentially reduce the severity of the consequences you face.
Precautionary Steps:
1. Educational Workshops: I offer workshops and consultations to military units on safe social media practices, helping to prevent legal issues before they arise.
2. Pre-Post Reviews: For clients who are active on social media, I provide reviews of proposed posts to ensure compliance with military regulations.
Final Thoughts
The intersection of social media and military law can be complex, but being informed and cautious can help protect your military career. If you find yourself facing an investigation or charges due to online activity, remember that you have the right to a skillful defense. With my experience and commitment to defending service members, I can provide the support you need to navigate these challenges effectively. Keep your service and your rights safeguarded—consider your online posts carefully and always feel free to reach out for legal advice.
At Harnish Law, PLLC, we are committed to providing exceptional legal representation for U.S. military service members worldwide.
DEFENDING AMERICA'S DEFENDERS™
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