Free Speech and Sexual Harassment Cases

Service members, like other citizens, have a right to express themselves. However, the right to engage in free speech does not provide an absolute immunity from subsequent punishment if the speech violates a criminal law. In the military, such criminal laws include disrespectful speech toward superiors and the use of words or gestures that might provoke a fight. Whether service members should be charged for comments posted online that are defamatory or harassing is less clear. Panelists will address these issues and the tensions that can exist between protecting free speech and preserving good order and discipline, as highlighted by the recent Marine Corps scandal.

This event is sponsored by the ABA Standing Committee on Armed Forces Law and the ABA Standing Committee on Law and National Security.

Moderator

• Gregory Maggs, Professor of Law and Co-Director of the National Security and U.S. Foreign Relations Law Program, George Washington University Law School

Panelists

• The Honorable James E. Baker, (ret.) Chief Judge, U.S. Court of Appeals for the Armed Forces and Chair, ABA Standing Committee on Law and National Security
• Brig. Gen. Jim Schwenk, (ret.) USMC, Judicial Proceedings Panel
• Lt. Col. Rachel VanLandingham, (ret.) USAF, Associate Professor of Law, Southwestern Law School

This event is free and a light lunch will be provided. RSVP by April 7 to NSLAlaw [dot] gwu [dot] edu