Major_Spittle wrote:
the bill of rights never has applied to a soldier.
That's close, but not entirely correct. When a member of the Air Force sued to be allowed to wear his yarmulke while on duty, the Supreme Court said the First Amendment applies to members of the military forces. However, the Court also said it gives great deference to military decisions that infringe on First Amendment rights. So the First Amendment does apply, but its protections are weaker than outside the military.
Justice Rehnquist wrote:
Our review of military regulations challenged on First Amendment grounds is far more deferential than constitutional review of similar laws or regulations designed for civilian society. The military need not encourage debate or tolerate protest to the extent that such tolerance is required of the civilian state by the First Amendment; to accomplish its mission the military must foster instinctive obedience, unity, commitment, and esprit de corps. See, e. g., Chappell v. Wallace, supra, at 300; Greer v. Spock, 424 U.S. 828, 843-844 (1976) (POWELL, J., concurring); Parker v. Levy, supra, at 744. The essence of military service "is the subordination of the desires and interests of the individual to the needs of the service." Orloff v. Willoughby, supra, at 92.
These aspects of military life do not, of course, render entirely nugatory in the military context the guarantees of the First Amendment. See, e. g., Chappell v. Wallace, supra, at 304. But "within the military community there is simply not the same [individual] autonomy as there is in the larger civilian community." Parker v. Levy, supra, at 751. In the context of the present case, when evaluating whether military needs justify a particular restriction on religiously motivated conduct, courts must give great deference to the professional judgment of military authorities concerning the relative importance of a particular military interest. See Chappell v. Wallace, supra, at 305; Orloff v. Willoughby, supra, 93-94. Not only are courts "`ill-equipped to determine the impact upon discipline that any particular intrusion upon military authority might have,'" Chappell v. Wallace.
GOLDMAN v. WEINBERGER, 475 U.S. 503 (1986)
That's a great quote: "The essence of military service is the subordination of the desires and interests of the individual to the needs of the service."
Last edited by san4 (2007-05-02 18:27:13)