A headline floating across the bottom of a recent NEWSMAX television news program caught my curiosity and caused me concern. “Military Retiree Speech Safeguard on Shaky Ground” was the headline. As a career soldier, retiree, and a grass roots political activist, I wondered. After all, it was a recent Democrat Administration that called parents simply speaking at school board meetings “domestic terrorists!”

Checking on-line, the first paragraph in the news story stated, “The Senate Armed Services Committee has approved language that would shield military retirees from punishment for certain political speech, according to a report by The Hill.” My curiosity remained about why military retirees are being singled out about political speech; but changed from apparent potential limitations to potential extra privileges.

The article went on to say that this action would cause change to the Uniform Code of Military Justice. The article referenced the effort last November by Sen. Mark Kelly, D-AZ, and five Congressmen (all Democrats) when they made a video to tell service members that they could refuse illegal orders. And, the proposed provision was approved unanimously –both Democrats and Republicans-- by committee members.

Remembering the “little stunt” by Sen. Kelly and his Democrat co-instigators that made the video, I believe it was purely political for a number of reasons (maybe the topic of another article). I also believe this proposal changes not only the Uniform Code of Military Justice but impacts the First Amendment to the Constitution as well.

The First Amendment states in part “Congress shall make no law…abridging the freedom of speech.” Knowledgeable patriotic citizens can tell you that the First Amendment has four significant parts: freedom of religion, freedom of speech, the right to assemble, and the right to petition the government for a redress of grievances.

But, as the late Paul Harvey would say, the rest of the story is there are exceptions to the First Amendment. Wikipedia starts their report on “United States free speech exceptions” with “In the United States, some categories of speech are not protected by the First Amendment. According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech.” There were many sources, but the consensus seems to be there are five categories of speech not permitted: Incitement, True Threats, Fighting Words, Obscenities, and Defamation. So, in spite of the First Amendment you can’t simply say just anything that comes to mind!

For example, it is commonly known you can’t falsely shout “FIRE” in a crowded dark movie theater. Or, freedom of speech may be somewhat related to a lesson from my Dad that my freedom to swing my fist stops just shy of the other guy’s face! In both cases, consider the effects of your actions.

Returning to the original contributing factor for this effort by the Senators on the Armed Services Committee which was the video made by Sen Kelly and his five fellow Democrat Congressmen, I can’t believe the intent was anything but political and mischievous. Consider that Sen. Kelly is a well decorated retired Navy Captain and all the participants were Democrats. Sen Kelly and his co-instigators had to know that every serviceman completing basic training would know this as well as the chaos created if every military order was challenged or disobeyed – especially on the battlefield. There are just too many factors there for Sen Kelly to innocently cry “freedom of speech!”

The Senators may need to think again before justifying a change to the Uniform Code of Military Justice. The causative event might justify investigation under the Constitution’s First Amendment; but not a change to the First Amendment! Decades ago, Texas had a popular bumper sticker “Don’t Mess With Texas” which meant don’t toss your trash along the highways. My thought here is don’t mess with the Constitution’s First Amendment or the Uniform Code of Military Justice because of this trashy incident.

While the Senate Armed Services Committee has unanimously approved the language for inclusion in the final bill, it has not yet been considered by the entire Senate. Do a little more research and communicate with Wisconsin’s Senators Johnson and Baldwin. Ask them not to do anything that would mess with the Uniform Code of Military Justice or the Constitution simply because of Sen. Kelly’s mischievous video.