Under Articles 133 and 134 of the UCMJ, military members enjoy far narrower free speech protections than civilian government employees. Even as courts have placed limits on the ability of the government to limit civilian employee speech under Pickering v. Board of Education, they have refused to limit the military’s restrictions on its members’ speech. Instead, courts have deferred to the military in light of the perceived exigencies of a uniquely military culture. The Note criticizes the foundations of this assumption, arguing that the unique military culture that underlies restrictions on military members’ free speech rights probably never existed and certainly does not exist in the post-Vietnam era. Most military members perform jobs and live lives that are functionally and culturally similar to civilian counterparts. Thus, it is appropriate to regulate military members’ speech rights in a manner similar to the Pickering framework. Nonetheless, the Note argues for modifications of the Pickering framework to accommodate specific military operational requirements, such as overseas deployments.
Case Comment: Bhogaita v. Altamonte
EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit. Although the case presented many serious [...]
Revisiting Water Bankruptcy
REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself—Governor Jerry Brown issued an unprecedented order to reduce potable urban water [...]
Defying Auer Deference
DEFYING AUER DEFERENCE: SKIDMORE AS A SOLUTION TO CONSERVATIVE CONCERNS IN PEREZ v. MORTGAGE BANKERS ASSOCIATION Nicholas R. Bednar, Volume 100, Lead Articles Editor* On March 9, 2015, the Supreme Court of the United States handed down its decision in Perez v. Mortgage Bankers Association.F The Court overturned the D.C. [...]