It’s campaign season – but don’t get carried away with things

  • Published
  • By Air Force Capt. David Schiavone
  • 673d ABW Legal Office
Whether through television commercials, lawn signs, or door-to-door visits, political campaigning is visible everywhere we turn. 

The 2014 election season is in full swing, and it is important to remember what we -
as active duty service members and Department of Defense employees - can and cannot do. 

The DoD has a long-standing policy regarding political campaigns and elections, which is designed to avoid the perception of DoD sponsorship, approval or endorsement of any political candidate, campaign or cause. 

Personnel are encouraged to exercise their right to vote, but members of the armed forces on active duty should not engage in partisan political activities that could create a perception of endorsement.

So what's permitted?
Department of Defense Directive 1344.10 is clear that members of the armed forces may register to vote, vote, and express personal opinions on political candidates or issues, as long as they avoid the perception that they are acting as a representative of the armed forces. 

Active duty members may make monetary contributions to a political party or a particular candidate, are permitted to display a political bumper sticker on the member's private vehicle, and may attend meetings, rallies, debates, conventions, or activities as a spectator when not in uniform.

Members may also write a letter to the editor of a newspaper to express their opinions, if such action is not a solicitation of votes.

If, however, the author is in any way identifiable as a member of the armed forces, the letter should clearly state the views expressed are those of the individual only, and not those of the DoD. 

What's not permitted?
Remember that the permitted items listed above still cannot imply DoD endorsement. 

Yes, a normal bumper sticker is allowed, but DoDD 1344.10 prohibits displaying a large political sign, banner, or poster on a private vehicle. 

Turning your car into a political billboard and driving it around - especially on base - is not allowed.

Similarly, partisan signs, posters, and banners cannot be publically displayed at
a person's residence on a military installation.

While members of the armed forces may indeed attend meetings, rallies, and the like as a spectator, it is impermissible to participate in such events. 

This includes helping to plan the event, making speeches, participating in debates or public group discussion in favor of a particular cause, promoting fundraisers, and riding in a partisan political parade. 

It bears reiterating that all members of the armed forces - to include active duty members, Reserve members not on active duty, and retired members - are prohibited from wearing military uniforms at political campaign or election events. 

The line that separates permissible activities from impermissible activities can be thin, but the important thing to consider is whether the activity could create a perception of DoD sponsorship, approval or endorsement of a political candidate or cause. 

Social media and politics
While Facebook and Twitter are specifically mentioned here, the following ideas apply equally to all other social media platforms, such as Tumblr, MySpace, or LinkedIn.

It is permissible to follow the Twitter account of a political party or partisan candidate, or to become a friend of or "like" its Facebook page. 

It crosses the line into an impermissible political activity if the member suggests that others like, friend, or follow the political party, or if the member "shares" or "retweets" a partisan page's post or Tweet. 

Sharing and retweeting are the equivalent of distributing literature on behalf of those parties or individuals, which is prohibited by DoDD 1344.10.

Similarly, an active duty member may not post or comment on the Facebook pages or tweet at the Twitter accounts of a political party, or partisan political candidate. 

Posting, commenting, retweeting and sharing are different from "liking" or following an account, much in the same way that being present at a political event is different from making a speech at it. 

Whether a member stands on a podium in front of people or simply shares something with the click of a mouse, it becomes a political activity - in a way that being a spectator at a rally or a mere Twitter follower is not.

An active duty service member may express his or her own personal views on public issues or political candidates via social media platforms, just as he or she would be permitted to write a letter to the editor of a newspaper.  

However, if the social media platform identifies the member as on active duty, then the post must clearly state the views expressed are those of the individual only and not those of the DoD.

The important thing to remember is  members of the armed forces on active duty should not engage in partisan political activities that could create the perception of DoD sponsorship or endorsement of any political candidate, campaign or cause. 

As long as you follow these tips and the guidelines set out in DoDD 1344.10, enjoy the election season, exercise your right to vote, and encourage others to do the same. 

If you have questions, call the JBER Legal Office at 552-3048.