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Legal urges Airmen to use caution on MySpace.com

  • Published
  • By Capt. Lee Waters
  • McGuire Legal Office
MCGUIRE AIR FORCE BASE, N.J. --  There's a new phenomenon sweeping the internet - www. MySpace.com.

Many military members have begun to use this site to share photographs of themselves as well as thoughts about their lives, the Air Force and the military in general. While all citizens have the right to free speech, military members are subject to certain restrictions when they join the military. These prohibitions generally relate to postings that are prejudicial to good order and discipline or of a nature to bring discredit upon the Armed Services. However, there are concerns as well.

l Air Force endorsement: Words or images that imply official Air Force endorsement of, participation in or involvement with an Internet site are prohibited. Joint Ethics Regulation DoD 5500.7-R, Section 3-300(a)(1) provides "DoD employees may not use or allow the use of their official titles, positions or organization names in connection with activities performed in their personal capacities, as this tends to suggest official endorsement or preferential treatment by DoD of any non-Federal entity involved."

l Wear of uniform: Many military members have posted photos of themselves and others in their military uniforms on the www.MySpace.com Web site. While doing so is not a violation per se, military members are not allowed to discredit the Armed Forces. Simply put, military members should not post photos that picture themselves or any other military member engaging in activities that would discredit the Armed Services.

l Military Equal Opportunity issues: By creating www. MySpace.com entries, some military members have used language that can be construed as racially or sexually disparaging. AFI 36-2706, Military Equal Opportunity Program, paragraph 1.1.1, provides that "The Air Force recognizes that all written or verbal communication degrading individuals on the basis or race, color, national origin, religion or sex remain a form of unlawful discrimination." Racially and sexually disparaging comments on or off duty are unacceptable and inappropriate for military members.

l Disparaging comments: Article 88 of the Uniform Code of Military Justice prohibits commissioned officers from using contemptuous language against the president, vice president, Congress, secretary of defense, secretary of a military department, secretary of transportation or the governor or legislature of a state where the member is present. Article 89 prohibits disrespect toward a superior commissioned officer, and Article 91 prohibits insubordinate conduct and disrespectful language toward noncommissioned officers.

l Operation security: In today's world of the Expeditionary Air Force, deployments are the rule rather than the exception. It is understandable military members want to share their experiences. However, some members have posted entries on current or impending deployments, aircraft and troop movements, or have posted photos from the inside of aircraft, ships or other military vehicles. Revealing such information can jeopardize the lives of fellow Airmen, Soldiers, Sailors and Marines, as well as negatively impact mission accomplishment.

While free speech is an important constitutional right, every Airman is required to uphold the dignity of the Air Force. Further, OPSEC must be maintained at all times. People who see what appears to be a violation, should report it to their chain of command immediately.

-- Editor's note: This article was assembled by the McGuire Legal Office with guidance from the 60th Air Mobility Wing, Travis AFB, Ca. Legal Office.