UCMJ Article 88, also known as "Contempt Toward Officials," prohibits commissioned officers from using contemptuous words against certain officials, including the President, Vice President, Congress, and others, with potential court-martial consequences. [1, 2, 3, 4]
Here's a more detailed explanation: [1, 2, 3, 4]
• What it covers: Article 88 specifically addresses the use of disrespectful or contemptuous language by commissioned officers towards: [1, 2, 3, 4]
• The President [1, 2, 3]
• The Vice President [1, 2, 3]
• Congress [1, 2, 3]
• The Secretary of Defense [1, 2, 3]
• The Secretary of a military department [1, 2, 3]
• The Secretary of Homeland Security [1]
• The Governor or legislature of any State, Commonwealth, or possession in which the officer is on duty or present [1, 3]
• What constitutes "contemptuous words": The UCMJ doesn't specifically define what constitutes "contemptuous words," but generally, it refers to language that is insulting, rude, disdainful, or disrespectful. [2]
• Consequences: Violations of Article 88 can result in punishment by court-martial, with the severity of the punishment determined by the court. [1, 3]
• Context: While the UCMJ doesn't distinguish between public and private settings, private conversations are rarely charged under Article 88. [2]
• Proving guilt: To find an officer guilty under Article 88, the government must prove: [2]
• The accused was a commissioned officer of the U.S. Armed Forces. [2, 4]
• The accused used contemptuous words against one of the officials listed above. [2]
• If the words were used against a Governor or legislature, the prosecution must also prove that the accused was present in the State, Commonwealth, or possession of the Governor or legislature concerned. [5]
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[1] https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section888&num=0&edition=prelim[2] https://www.bileckilawgroup.com/court-martial-defense/articles-of-the-ucmj/article-88-contempt-toward-officials/[3] https://www.usni.org/magazines/proceedings/1998/december/free-speech-v-article-88[4] https://www.jordanucmjlaw.com/articles-of-the-ucmj/article-88-contempt-toward-officials/[5] https://www.mymilitarylawyers.com/ucmj-article-88-contempt-toward-officials/[-] https://www.mymilitarylawyers.com/ucmj-article-88-contempt-toward-officials/[-] https://www.mymilitarylawyers.com/practice-areas/ucmj-articles/ucmj-article-88-contempt-toward-officials