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UCMJ Article 88 questions

20 answers, newest first

  1. What is the impact of a guilty finding under Article 88 on an officer’s career?
  2. Is satire or parody ever a valid defense to an Article 88 charge?
  3. Is contempt during court-martial proceedings subject to additional charges under Article 88 or 134?
  4. How does Article 88 interact with First Amendment protections?
  5. How do courts determine whether a statement shows “contempt” under Article 88?
  6. Does criticism of a local mayor or state governor fall within Article 88 scope?
  7. Can statements made in a foreign country still violate Article 88?
  8. Can state National Guard officers on federal orders be charged under Article 88?
  9. Can commissioned officers engage in protest or activism without triggering Article 88?
  10. Can Article 88 be charged in conjunction with Article 133 for conduct unbecoming?
  11. Can anonymous online posts be prosecuted under Article 88?
  12. Can a superior officer initiate an Article 88 charge based on unit morale impact?
  13. Can a separation board use an Article 88 violation as grounds for dismissal?
  14. Can a reprimand for an Article 88 violation be appealed or expunged?
  15. Can a commissioned officer be punished for political opinions under Article 88?
  16. Are statements made off duty and off base still chargeable under Article 88?
  17. Are statements made in official testimony protected from Article 88 liability?
  18. Are social media posts considered public conduct under Article 88 for commissioned officers?
  19. Are retired officers subject to Article 88 enforcement?
  20. Are military academies permitted to discipline cadets under Article 88 analogs?