UCMJ Article 88 – Contempt Toward Officials

UCMJ Article 88 makes it a crime for a commissioned officer to use contemptuous words against certain government officials. Specifically, it applies to contempt directed at the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security (when the Coast Guard is not operating as part of the Navy), or the Governor or legislature of any state, territory, commonwealth, or possession in which the officer is on duty.

This provision reflects the military’s requirement for officers to maintain respect toward civilian leadership. The U.S. Constitution establishes civilian control over the armed forces, and Article 88 enforces that principle by prohibiting officers from publicly ridiculing or disparaging civilian officials.

Key Elements

To prove an Article 88 offense, the prosecution must show:

  1. That the accused was a commissioned officer of the U.S. armed forces.
  2. That the accused used certain words against a covered official.
  3. That the words were contemptuous, meaning they conveyed disrespect, ridicule, or insult.
  4. That the words were spoken or published to another person.

The article does not apply to enlisted members, warrant officers, or cadets. It is aimed at commissioned officers because of their special responsibility to set an example of discipline and respect.

Scope and Application

Article 88 is not intended to stifle honest criticism expressed privately or in professional settings. It applies when contemptuous words are spoken in public, published, or otherwise communicated in a way that undermines respect for civilian authority. The article does not prohibit reasoned policy criticism if expressed respectfully, but officers must avoid ridicule or contemptuous language.

Courts look at the context, audience, and tone to decide if words are contemptuous. Protected speech under the First Amendment is balanced against military necessity. The rule is narrowly applied but enforced to preserve discipline and trust in civilian leadership.

Punishment

The maximum punishment under Article 88 includes dismissal from the service, forfeiture of all pay and allowances, and confinement for one year. While rarely prosecuted, the penalties reflect the seriousness with which the military views contempt toward civilian leaders.

Defenses

Possible defenses include:

  • Not contemptuous: If the words were critical but respectful, they may not qualify.
  • Not public: Private statements to family or close friends not intended for wider dissemination may be protected.
  • Mistaken identity: If the words were not directed at an official covered by the statute, the offense cannot stand.
  • Truth or opinion: Although truth is not a defense if words are contemptuous, context showing opinion rather than insult may mitigate.

Examples

If a commissioned officer publicly insults the President in a speech, posts ridicule of Congress on social media, or mocks a state governor while on duty in that state, Article 88 may apply. On the other hand, a respectful critique of a policy in a professional journal would not be contemptuous.

Conclusion

UCMJ Article 88 enforces respect for civilian authority by prohibiting contemptuous words from commissioned officers. While its application is narrow, it remains an important safeguard of civilian control of the military. The rule does not silence all criticism but requires that officers maintain professionalism, discipline, and respect when addressing civilian leaders.

Frequently Asked Questions

1. Who does Article 88 apply to?
It applies only to commissioned officers of the armed forces. Enlisted members and warrant officers are not covered by this article. This limitation reflects the higher responsibility placed on commissioned officers.

2. Which officials are protected under Article 88?
The President, Vice President, Congress, the Secretary of Defense, the service secretaries, the Secretary of Homeland Security (in some cases), and the governors and legislatures of states and territories where the officer is serving. The scope is clearly defined.

3. Does this law violate First Amendment rights?
Military law limits free speech more than civilian law because of the need for discipline and respect. Courts balance constitutional rights with military necessity. Article 88 has been upheld as constitutional in this context.

4. Can an officer criticize government policy?
Yes, if the criticism is respectful and professional. Reasoned disagreement expressed in a non-contemptuous way is not punishable. The line is crossed when words ridicule or insult.

5. What counts as contemptuous words?
Words that are insulting, ridiculing, or disparaging. Courts look at tone, context, and intent. Criticism framed with respect may be lawful, but mockery or insult is not.

6. Is social media covered by Article 88?
Yes, publishing contemptuous words online counts as communication to others. Officers must be cautious about public posts, blogs, or comments that ridicule civilian leaders.

7. Are private conversations covered?
Not usually. Private remarks to close family or friends are generally not prosecuted unless they are repeated or spread. The law focuses on public expression.

8. How often is Article 88 enforced?
Rarely. Cases are uncommon but do occur when an officer’s contemptuous words gain wide attention and risk undermining respect for civilian leadership.

9. What is the maximum punishment?
Dismissal, forfeiture of pay and allowances, and confinement for one year. Even though rarely applied, the potential penalty is severe.

10. Why is Article 88 important?
Because it reinforces civilian control of the military and preserves respect for elected leaders. It ensures that officers set the example of professionalism, discipline, and loyalty required in a constitutional system.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 888, Article 88
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0115
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Howe, 37 C.M.R. 429 (C.M.A. 1967)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 88 or any other UCMJ provision, you should consult a qualified military attorney.

Related:

  1. UCMJ Article 87 – Missing Movement UCMJ Article 87 criminalizes the act of missing the movement of a ship, aircraft, or unit with which a service member is required to move. Unlike AWOL or desertion, Article 87 applies specifically to situations where a movement has been...
  2. UCMJ Article 89 – Disrespect Toward a Superior Commissioned Officer UCMJ Article 89 makes it a crime for a service member to show disrespect by words, behavior, or gestures toward a superior commissioned officer. The rule is rooted in the need for discipline and hierarchy in the armed forces. Respect...
  3. UCMJ Article 90 – Assaulting or Willfully Disobeying a Superior Commissioned Officer UCMJ Article 90 addresses two distinct but related offenses: assaulting a superior commissioned officer, and willfully disobeying a lawful command from a superior commissioned officer. Both acts strike at the heart of the chain of command. Respect for, and obedience...
  4. UCMJ Article 132 – Frauds Against the United States UCMJ Article 132 criminalizes acts of fraud by service members against the United States government. Fraud includes knowingly making false claims, presenting false documents, or concealing facts to obtain pay, allowances, property, or services. Because military operations rely on honesty,...
  5. UCMJ Article 116 – Riot or Breach of Peace UCMJ Article 116 punishes service members who take part in a riot or who cause a disturbance that breaches the peace. Discipline and order are the backbone of military effectiveness, and collective disorder or violent conduct threatens not only the...
  6. UCMJ Article 134 – Debt, Dishonorably Failing to Pay This enumerated offense under Article 134 punishes service members who dishonorably fail to pay a lawful debt. Financial responsibility is considered part of military discipline because failure to meet obligations harms trust, damages the armed forces’ reputation, and can disrupt...
  7. UCMJ Article 134 – The General Article UCMJ Article 134, known as the “General Article,” is a catch-all provision that criminalizes a wide range of misconduct not specifically addressed in other articles of the UCMJ. It punishes behavior that is prejudicial to good order and discipline in...
  8. UCMJ Article 134 – Fleeing the Scene of an Accident Under Article 134, a service member who is involved in an accident and wrongfully leaves the scene without fulfilling legal responsibilities can be punished for fleeing the scene of an accident. The rule applies whether the accident involves government or...
  9. UCMJ Article 134 – Threat or Hoax Designed or Intended to Cause Panic or Public Fear This enumerated offense under Article 134 punishes service members who create or spread false threats, hoaxes, or warnings with the intent to cause panic, fear, or disruption. The military treats these acts as serious misconduct because they undermine discipline, disrupt...
  10. UCMJ Article 93 – Cruelty and Maltreatment UCMJ Article 93 criminalizes cruelty, oppression, or maltreatment of any person subject to a service member’s orders. This provision is not limited to physical abuse. It covers acts of abuse of authority, whether through physical harm, threats, humiliation, harassment, or...
  11. UCMJ Article 120a – Stalking UCMJ Article 120a criminalizes stalking by service members. Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, or to suffer significant emotional...
  12. UCMJ Article 133 – Conduct Unbecoming an Officer and Gentleman UCMJ Article 133 criminalizes conduct by commissioned officers, cadets, or midshipmen that dishonors or disgraces them personally, or seriously compromises their standing as officers. The article is intentionally broad, designed to uphold the integrity and character expected of military leaders....
  13. UCMJ Article 96 – Releasing a Prisoner Without Authority UCMJ Article 96 punishes any service member who, without proper authority, releases or allows the escape of a prisoner in their custody. This provision exists to protect the integrity of military detention and confinement systems. Whether a prisoner is awaiting...
  14. UCMJ Article 134 – Correctional Custody: Offenses Against This enumerated offense under Article 134 punishes service members who unlawfully interfere with or commit misconduct against correctional custody. Correctional custody is a form of non-judicial punishment or administrative restraint where a service member is restricted, supervised, and required to...
  15. UCMJ Article 102 – Forcing a Safeguard UCMJ Article 102 criminalizes the act of forcing a safeguard. A safeguard is a formal protection or guarantee issued by a commander to protect persons, property, or places from harm by U.S. military forces. Safeguards are often written documents, posted...