Here is how ¶ 4-12 of
Army Regulation 600-20 (Army Command Policy), 24 July 2020, defines participation in extremist activities:
Prohibitions. Soldiers are prohibited from the following actions in support of extremist organizations or activities. Penalties for violations of these prohibitions include the full range of statutory and regulatory sanctions, both
criminal (UCMJ), and administrative.
(1) Participating in public demonstrations or rallies.
(2) Attending a meeting or activity with the knowledge that the meeting or activity involves an extremist cause
when—
(a) Whether on or off duty.
(b) Whether in or out of uniform.
(c) In a foreign country (whether on or off-duty or in or out of uniform).
(d) It constitutes a breach of law and order.
(e) It is likely to result in violence.
(f) In violation of off-limits sanctions.
(g) In violation of a commander’s order.
(3) Fundraising activities.
(4) Recruiting or training members (including encouraging other Soldiers to join).
(5) Creating, organizing, or taking a visible leadership role in such an organization or activity.
(6) Distributing literature on or off a military installation, the primary purpose and content of which concerns
advocacy or support of extremist causes, organizations, or activities; and it appears that the literature presents a clear
danger to the loyalty, discipline, or morale of military personnel or the distribution would materially interfere with the
accomplishment of a military mission.
(7) Receiving financial assistance from a person or organization who advocates terrorism, the unlawful use of force
or violence to undermine or disrupt U.S. military operations, subversion, or sedition.
Interesting to note also the definition of extremist activity or organizations as well. These two excerpts also make me think about the recent CAAF case law applying Elonis to Article 92, UCMJ.
ReplyDeleteExtremist organizations and activities are ones that advocate—
(1) Racial, sex (including gender identity), sexual orientation, or ethnic hatred or intolerance.
(2) Creating or engaging in discrimination based on race, color, sex (including gender identity), national origin, religion, or sexual orientation.
(3) The use of force or violence or unlawful means to deprive
individuals of their rights under the United States Constitution or the laws of the United States, or any State.
(4) Support for terrorist organizations or objectives.
(5) The use of unlawful violence or force to achieve goals that are political, religious, discriminatory, or ideological in nature.
(6) Expressing a duty to engage in violence against DoD or the United States in support of a terrorist or extremist cause.
(7) Support for persons or organizations that promote or threaten the unlawful use of force or violence or criminal activity.
(8) Encouraging military or civilian personnel to violate laws or disobey lawful orders or regulations for the purpose of disrupting military activities (subversion).
(9) Participating in activities advocating or teaching the overthrow of the U.S. Government by force or violence, or seeking to alter the form of government by unconstitutional means (sedition).