There are primarily two (2) provisions of the UCMJ that relate to contemptuous statements against leaders, the first, 10 U.S.C. Section 888, Article 88, titled “Contempt Toward Officials” applies only to Commissioned Officers. The second, 10 U.S.C. Section 934, Article 134 is a General Article that will apply to enlisted personnel.
Article 88 provides:
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.
The elements of this Article are as follows:
(1) That the accused was a commissioned officer of the United States armed forces;
(2) That the accused used certain words against an official or legislature named in the article;
(3) That by an act of the accused these words came to the knowledge of a person other than the accused; and
(4) That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used. Note: If the words were against a Governor or legislature, add the following element
(5) That the accused was then present in the State, Territory, Commonwealth, or possession of the Governor or legislature concerned.