Your Constitutional Rights As A GI

It seems at time that the only segment of the constitution applicable to those in the military is the income-tax amendment.

The First Amendment (free speech, free press, freedom of assembly) is violated constantly. Any verbal utterance offensive to the Brass is declared “conduct detrimental to good order and discipline.” The GI press is denied distribution on-post because the Brass decides it is “detrimental to the loyalty, discipline and morale” of the GIs-WACs., [sic] The Fourth Amendment (search and seizure) is continually disregarded by unreasonable searches and seizures at the whim of local officers. The Fifth Amendment (due process) is mocked by the simple fact that a court-martial, judges, jury, prosecutor and often defense counsel are chosen by the officer who originally presses charges, thus making due process and a fair trial impossible. The Eighth Amendment (cruel and unusual punishment) is flouted by excessive sentences that would not be tolerated for civilian criminals in any state of the union. And the 13th Amendment, of course, is utterly abolished by the Selective Service System itself. (From Fort McClellan’s Left Face)

When the original editor (George) of this paper began printing, one of his objectives was to attempt to prove that in the military your rights under the Constitution are decidedly overridden and at times entirely ignored. On the day following the first edition two special agents and two representatives from the Squadron conducted a general search of the editors’ room confiscating anything and everything that, in their eyes, would be detrimental to him when finally charged. The Constitution prohibits such a search. Upon requesting a copy of the search warrant and the reason for the search the next day, a blank was drawn. To this date a copy of the search warrant has not been sent to the plaintiff. Later in the week George was presented with an Article 15, and refused legal assistance by his commander unless he desired a court-martial. A call to the Inspector general cleared this up shortly and he proceeded to legal. At the legal office he was taken aside by the head of that office and told he could not have legal assistance because none of the lawyers were cleared for classified information.

Well friends, neither is George!! On top of that the Article 15 was for a miskempt room! Just what is and what is not classified around here??! He was then told that a special lawyer with a security clearance was coming up from Kelly Air Force Base in Texas and that all charges were suspended pending his arrival. Upon demanding information as to what charges were being brought against him another blank was drawn. On Monday the 10th of Feb., George was issued... orders to Kelly AFB with a departure time of less than 2´ hours later. ----What kind of a deal is this... Reason given for these corupt [sic] orders that it would be easier to send him there to face charges than to send the people up here to prosecute him. Requesting what charges were being drawn against him, once again, met a stone wall. Now, of course, George is at Kelly awaiting whatever action the powers that be decide to take against him.

Anchorage Troop, no. 2

Library - Reading Room

Your Constitutional Rights As A GI