Members of the military have certain limitations on their free speech rights, but these limitations are not always clearly defined. IAVA spokesman and Iraq Veteran Ray Kimball has written and spoken extensively about the history, limitations, and importance of Troops speaking out.

Your speech rights change, depending on whether you're in the active duty, in the reserve component, or are retired.  Scroll down to see the rules for Current Servicemembers, National Guardsmen and Reservists, and Veterans.

Current Servicemembers

As an active-duty servicemember, you have free speech rights, but these rights are limited. Here are some basic guidelines to what you can and can't say and do as a member of the military. Above all, remember operational security.

SPEECH:

You have the right to...

...read anything you want.
...write letters to newspapers.
...publish your own newspaper, as long as you don't use military supplies or equipment to do so.

There are some obvious things you can't do, like violate operational security, communicate with the enemy, encourage violence (other than official military operations), or urge people to violate military regulations.

But you also can't...

...take part in a partisan political letter-writing campaign.
...distribute materials that presents "a clear and present danger to the loyalty, discipline, or morale of military personnel" or that would "materially interfere with the accomplishment of the military mission."
...use words that undermine "the good order and discipline of the armed forces" or bring "discredit upon the armed forces." (Article 134)
...use "contemptuous words" about anyone in your chain of command (including the President and Vice-President) if you're a commissioned officer. (Article 88)

Those last rules are very general, and very unevenly applied. Servicemembers have gotten in trouble for calling officials "fools" or "fascists."

PROTEST and DEMONSTRATIONS:

You have the right to...

...go to peaceful protests in the United States

But you can't...

...wear your uniform to the demonstration.
...protest on-base or on-duty.

JOINING ORGANIZATIONS:

You can't join an organization that advocates discrimination or promotes violence (other than official military actions).

Find out more:

Visit the Military Law Taskforce and the Center for Constitutional Rights.

Read the articles of the Uniform Code of Military Justice

Veterans

If you have been discharged from service, you have the right to speak up about your wartime experience. This right is documented in the Uniform Code of Military Justice and evidenced by the activism of veterans.

Many soldiers see a grey area in the time following their active duty. On the one hand, they have returned to civilian life and are no longer subject to the additional regulations governing members of the armed services. However, they still feel a proximity to the military, the members in their unit, and rules that dictate what a soldier can and cannot say.

It is important for these veterans to remember that there is nothing unpatriotic about speaking up about their experiences in the military. They have served their country as soldiers by fighting. To continue to serve their country as civilians, it is imperative that veterans demand attention and inform the government of their opinions so that problems can be addressed and solved.

National Guardsmen and Reservists

Article 2 of the Uniform Code of Military Justice (UCMJ) expressly states that the scope of the legislation covered in the UCMJ only applies to Service Members active in the armed forces and federalized Reservesmen or National Guardsmen. If you are on active duty, please read the section called "Active Duty Servicemembers." If you are not on active duty and you do not have federalized status, your actions are not restricted by the Uniform Code of Military Justice: you therefore have all the rights that civilians enjoy.

If you have been discharged from service, you have the right to speak up about your wartime experience. This right is documented in the Uniform Code of Military Justice and evidenced by the activism of veterans. Many members of the Reserves and National Guard are currently speaking up about their experience in the military. Their ability to speak regularly about their service shows that the right of off-duty members of the military to speak out as civilians is protected in practice.

Many members of the Reserves and National Guard are currently speaking up about their experience in the military. Paul Rieckhoff, the founder of IAVA, speaks out daily, as do the following four members of Congress:

Their ability to speak regularly about their service shows that the right of off-duty members of the military to speak out as civilians is protected in practice.