Trump, Article 88, and the Military Free Speech Crackdown No One’s Talking About
How the Trump Admin Could Use Military Law to Silence Dissent From Within the Ranks
Let’s get something straight: Article 88 of the UCMJ isn’t new. But what is new? The recent push to enforce it—with teeth. The Air Force and Navy have already issued memos reminding troops what they can’t say about government officials, and that should raise red flags.
Especially with Trump in power.
What the Hell Is Article 88?
Article 88 of the Uniform Code of Military Justice prohibits commissioned officers from using “contemptuous words” against certain high-ranking U.S. officials.
In plain English? If you're an officer and publicly criticize someone like the President, Congress, or your state governor in a disrespectful tone—even if it's true—you could be court-martialed.
Here’s who you’re not allowed to insult:
The President or Vice President
Congress members
Secretary of Defense
Army/Navy/Air Force Secretaries
Secretary of Transportation
Your state’s governor and legislature (if you're stationed there)
Yes, it’s vague. No, the vagueness doesn’t protect you.
So What Counts as “Contemptuous”?
Basically: anything public and scornful. We're talking Twitter rants, Facebook posts, podcast comments, op-eds—anything that can be interpreted as mocking or undermining senior government officials.
You don’t have to lie. You don’t even have to be wrong. If your tone is contemptuous, it’s a problem.
And no, context doesn’t save you. Just because you're off-duty or using a personal account doesn't mean you’re in the clear.
Who Does This Apply To?
Here’s the line:
✔️ Commissioned officers (active-duty, reserve, and retired if still receiving benefits)
❌ Enlisted members and warrant officers are technically not covered by Article 88
But don’t get too comfortable. Enlisted troops can still be punished under other UCMJ articles, like:
Article 134 (General misconduct)
Article 89/91 (Disrespect toward superiors)
So yeah—if you’re E-4 and post a meme calling the President a "clown," you might not get court-martialed, but you can still get smacked down with non-judicial punishment.
What’s New: The Memos
In the past month, both the Air Force and Navy have issued internal memos warning troops about violating Article 88 and similar provisions. This doesn’t come out of nowhere.
It’s signaling. And it’s strategic.
There’s no active war, no crisis. But leadership wants to remind troops to watch their mouths—especially online. That should tell you where things might be headed.
How This Could Be Weaponized
Let’s not pretend this is just about professionalism. Under a second Trump term, this could easily become a tool to:
Silence dissent within the military
Punish retired generals speaking out on TV or online
Intimidate lower-ranking officers into staying silent
Imagine a scenario where a retired colonel criticizes Trump’s policies on a podcast. Under Article 88, that colonel could be recalled to active duty and court-martialed. Is it rare? Sure. But it’s possible. And with this new wave of "discipline memos," it feels a hell of a lot more likely.
This isn’t just about military speech. It’s about control.
Why You Should Care
Most civilians don’t know any of this. Most soldiers probably don’t either. But this is exactly how democratic backsliding happens—quietly, technically “by the book,” and under the guise of “restoring order.”
The next time someone tells you military law has no bearing on politics, remind them of Article 88.
And remind them who gets to decide what’s "contemptuous."