Military Expression - Since September 11, 2001

Since September 11, 2001

With the advent of the Iraq War in 2003, the issue of military expression was again thrust into the public eye as a relatively small amount of service members and veterans began demonstrating and speaking out. One case revolved around a former Marine (still under contract with the IRR) who was photographed by the Washington Post wearing a partial uniform during an anti-war demonstration in Washington, DC. The individual faced a military tribunal for his participation in this demonstration, as well as for a politically charged email he sent to a Marine officer. However, in this case, the service member managed to avoid the other than honorable discharge being sought by the military due to the First Amendment arguments posed on his behalf. That case, which was argued by attorney Mike Lebowitz in representation of anti-war and political activist Adam Kokesh, is regarded as the first military expression case of its kind to result generally favorably for the service member.

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