10 U.S.C. § 888
Art. 88. Contempt toward officials
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1967–2022 · leading case: United States v. Rapert, 75 M.J. 164 (C.A.A.F. 2016).
United States v. Rapert, 75 M.J. 164 (C.A.A.F. 2016). “Article 88, UCMJ, 10 U.S.C. § 888 (2012) (criminalizing the use of “contemptuous words” by a commissioned officer against the President or other senior officials).”
Sharpe v. United States, 935 F.3d 1352 (Fed. Cir. 2019). “Sharpe a punitive letter of reprimand for two alleged violations of UCMJ Article 88, 10 U.S.C. § 888 . 1 When Mr. Sharpe inquired about the process for demanding a trial by court-martial, the CO informed him that, due to the "vessel exception," he had no right to make such a…”
Sharpe v. United States, 134 Fed. Cl. 805 (Fed. Cl. 2017). “10 U.S.C. § 888 ; AR 35. These violations pertained to the two-volume anthology of articles co-edited by Mr.”
United States v. Howe, 17 C.M.A. 165 (1967). “He was charged with using contemptuous words against the President of the United States and conduct unbecoming an officer and a gentleman, in violation of Articles 88 and 133, Uniform Code of Military Justice, 10 USC §§ 888 and 933, respectively. He was also charged, originally,…”
Witt v. Dep't of Air Force, 548 F.3d 1264 (9th Cir. 2008). “10 U.S.C. §§ 888 , 889, 892 (2006). [28] 475 U.”
United States v. Anderson, 60 M.J. 548 (A.F.C.C.A. 2004). “, Articles 88, 89, 91, 117, UCMJ, 10 U.S.C. §§ 888 , 889, 891, 917) and the two “catch-all” articles (Article 133, proscribing conduct “unbecoming an officer and gentleman,” and Article 134, proscribing “disorders and neglects to the prejudice of good order and discipline in the…”
United States v. Hartwig, 39 M.J. 125 (1994). “Howe, 17 USCMA 165, 172 , 37 CMR 429, 436 (1967), this Court applied the “clear and present danger” standard to a First Amendment attack on both Article 88, UCMJ, 10 USC § 888 , which prohibits officers from using contemptuous words against certain officials, and Article 133,…”
United States v. Brown, 45 M.J. 389 (C.A.A.F. 1996). “One of the rare instances of prosecution under this clause involved an individual who used contemptuous expressions about President Lincoln.”
United States v. Brinson, 49 M.J. 360 (C.A.A.F. 1998). “UCMJ, 10 USC §§ 888 , 889, 891, 907, 916, 917, respectively.”
Steven Larrabee v. Carlos Del Toro, 45 F. 4th 81 (D.C. Cir. 2022). “See 10 U.S.C. § 888 (subjecting military officers to court-martial for “us[ing] contemptuous words against the President”); Br.”
United States v. Sollmann, 59 M.J. 831 (A.F.C.C.A. 2004). “§ 991 ), or for a commissioned officer to speak contemptuously against the President, a state governor, or other high ranking officials (Article 88, UCMJ, 10 U.S.C. § 888 ). In the same way, conduct by an officer which is unbecoming an officer and a gentleman, or conduct…”
United States v. Clark, 15 M.J. 594 (1983). “429 (1967) (officer using contemptuous words toward the President, also charged as violation of Article 88, 10 U.S.C. § 888 ); United States v. Carter, 20 C.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.