The Conversation

Solving the problem

A blue ribbon committee called the Countering Extremist Activity Working Group was quickly commissioned in April 2021 to evaluate the extent of the problem.

The group found about 100 substantiated cases of extremism in the U.S. armed forces in 2021.

The latest instance occurred in July 2022, when Francis Harker, a National Guard member with white supremacist connections, was sentenced to four years in prison for planning an anti-government attack on police. Harker, who carried a picture saying “there is no God but Hitler,” was planning to attack police officers in Virginia Beach, Virginia, with Molotov cocktails and semi-automatic rifles.

Worried, Austin has tightened the rules regarding political speech within the military. The new rules prohibit any statement that advocates for “violence to achieve goals that are political … or idealogical in nature.” The ban applies to members of the military both on and off duty.

Also, for the first time, the new rules prohibit statements on social media that “promote or otherwise endorse extremist activities.”

While the intent behind the new rules is laudable, political speech – even of an offensive or distasteful nature – goes to the core of U.S. democracy. Americans in uniform are still Americans, protected by the First Amendment and afforded the constitutional right of free speech.

In light of the stricter policy, it is useful to consider how courts apply the First Amendment in the military context.

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