Soldiers and the Press

Matthew Yglesias posed a question about the rules regarding soldiers talking to the press. This is particularly salient now with the embedding of journalists, and Matthew points to a NY Times story in which young soldiers are questioning the various motives for war.

I feel pretty comfortable suggesting that for the most part the rules will vary from unit to unit and conflict to conflict. One of the risks the Pentagon knew they were running with the embedded journalist program was exactly this sort of thing.

There is a legal restriction titled Contempt Toward Officials (UCMJ Art. 88), which forbids the use of "contemptuous words" against the president, vice president, members of Congress and other officials. This restriction only explicitly applies to commissioned officers though, and hasn't actually been used for prosecution since Vietnam (though several high-ranking officers have been forced out for ill-chosen remarks about sitting presidents).

Beyond that, individual unit commanders can try to set certain rules and procedures for their own troops and offer tips on how to deal with journalists. PAO (public affair officers) are also probably keeping an eye on the journalists.

On a non-legal basis, I agree that this sort of discussion ought to be done away from the microphone.

I'm also reminded of DOD Directive 1344.10, which might cover this. It's primarily about political activity, but it does extend Article 88 to enlisted soldiers.

Here's a good summary of the rules.

The other relevant provision may be that active duty soldiers can:

Register, vote and express his or her personal opinion on political candidates and issues, but not as a representative of the Armed Forces.

I'm not entirely sure this particular situation falls under the 1344.10 rubric, but if so they are probably ok.