The Purple Heart (PH) is a United States military decoration awarded in the name of the President to those wounded or killed while serving, on or after 5 April 1917, with the U.S. military. With its forerunner, the Badge of Military Merit, which took the form of a heart made of purple cloth, the Purple Heart is the oldest military award still given to U.S. military members, the only earlier award being the obsolete Fidelity Medallion. The National Purple Heart Hall of Honor is located in New Windsor, New York.
The National Security Act of 1947 was a law enacting major restructuring of the United States government's military and intelligence agencies following World War II. The majority of the provisions of the act took effect on September 18, 1947, the day after the Senate confirmed James Forrestal as the first secretary of defense.
Collateral damage is any death, injury, or other damage inflicted that is an incidental result of an activity. Originally coined by military operations, it is now also used in non-military contexts.
John William Warner III was an American lawyer and politician who served as the United States Secretary of the Navy from 1972 to 1974 and as a five-term Republican U.S. Senator from Virginia from 1979 to 2009. Warner served as Chairman of the Senate Armed Services Committee from 1999 to 2001, and again from 2003 to 2007. He also served as the Chair of the Senate Rules Committee from 1995 to 1999.
The Prisoner of War Medal is a military award of the United States Armed Forces which was authorized by Congress and signed into law by President Ronald Reagan on 8 November 1985. The United States Code citation for the POW Medal statute is 10 U.S.C. § 1128.
Free speech zones are areas set aside in public places for the purpose of political protesting. The First Amendment to the United States Constitution states that "Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The existence of free speech zones is based on U.S. court decisions stipulating that the government may reasonably regulate the time, place, and manner – but not content – of expression.
The Uniform Code of Military Justice is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces".
In the United States, freedom of speech and expression is restricted by time, place and manner— though otherwise strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.
The World War II Victory Medal is a service medal of the United States military which was established by an Act of Congress on 6 July 1945 and promulgated by Section V, War Department Bulletin 12, 1945.
Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial, Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states.
Women's Armed Services Integration Act is a United States law that enabled women to serve as permanent, regular members of the armed forces in the Army, Navy, Marine Corps, and the recently formed Air Force. Prior to this act, women, with the exception of nurses, served in the military only in times of war. During World War II, over 150,000 women had served in the WAVES and the Women's Auxiliary Army Corps and were still serving when the act was enacted. Women also took part in the SPARS, which was created by the Coast Guard, and the Marine Corps Women's Reserve, during the war. In total, 350,000 American women joined and served during World War II. Section 502 of the act limited service of women by excluding them from aircraft and vessels of the Navy that might engage in combat.
The "Winter Soldier Investigation" was a media event sponsored by the Vietnam Veterans Against the War (VVAW) from January 31, 1971, to February 2, 1971. It was intended to publicize war crimes and atrocities by the United States Armed Forces and their allies in the Vietnam War. The VVAW challenged the morality and conduct of the war by showing the direct relationship between military policies and war crimes in Vietnam. The three-day gathering of 109 veterans and 16 civilians took place in Detroit, Michigan. Discharged servicemen from each branch of the armed forces, as well as civilian contractors, medical personnel and academics, all gave testimony about war crimes they had committed or witnessed during the years 1963–1970.
Iraq Veterans Against the War (IVAW) is an advocacy group of formerly active-duty United States military personnel, Iraq War veterans, Afghanistan War veterans, and other veterans who have served since the September 11, 2001 attacks; who were opposed to the U.S. military invasion and occupation in Iraq from 2003 to 2011. The organization advocated the immediate withdrawal of all coalition forces in Iraq, and reparations paid to the Iraqi people. It also provides support services for returning veterans to include health care and mental health.
Ehren Keoni Watada is a former first lieutenant of the United States Army, best known as the first commissioned officer in the US armed forces to refuse to deploy to Iraq. In June 2006, Watada refused to deploy for his unit's assigned rotation to Operation Iraqi Freedom, saying he believed the war to be illegal and that, under the doctrine of command responsibility, it would make him party to war crimes. At the time, he was assigned to duty with the 5th Battalion, 20th Infantry Regiment, part of the 3rd Brigade, 2nd Infantry Division, as a fire support officer. He was brought before a court-martial in 2007 which ended in a mistrial; the Army subsequently discharged him under "Other-Than-Honorable-Conditions" (OTH) in 2009. An OTH discharge is the least favorable type of administrative discharge from the Army, and is reserved for a "pattern of behavior that constitutes a significant departure from the conduct expected of Soldiers of the Army."
The Stolen Valor Act of 2005, signed into law by President George W. Bush on December 20, 2006, was a U.S. law that broadened the provisions of previous U.S. law addressing the unauthorized wear, manufacture, or sale of any military decorations and medals. The law made it a federal misdemeanor to falsely represent oneself as having received any U.S. military decoration or medal. If convicted, defendants might have been imprisoned for up to six months, unless the decoration lied about is the Medal of Honor, in which case imprisonment could have been up to one year. In United States v. Alvarez (2012), the Supreme Court of the United States ruled that the Stolen Valor Act of 2005 was an unconstitutional abridgment of the freedom of speech under the First Amendment–striking down the law in a 6 to 3 decision.
Michael J. Lebowitz is a Washington, D.C., attorney and expert in the field of military law and Military Expression. Along with being an advocate for veterans' issues, he has published a number of legal articles on First Amendment issues pertaining to the military as well as the field of national security and war crimes. In 2009, he became a prosecutor in the Military Commission for the terrorism and war crimes suspects detained in Guantanamo Bay, Cuba.
The military courts of the United Kingdom are governed by the Armed Forces Act 2006. The system set up under the Act applies to all three armed services: the Royal Navy (RN), the British Army, and the Royal Air Force (RAF), and replaces the three parallel systems that were previously in existence.
Snyder v. Phelps, 562 U.S. 443 (2011), was a landmark decision of the US Supreme Court ruling that speech on a matter of public concern, on a public street, cannot be the basis of liability for a tort of emotional distress, even in the circumstances that the speech is viewed or interpreted as "offensive" or "outrageous".
United States v. Alvarez, 567 U.S. 709 (2012), is a case in which the Supreme Court of the United States ruled that the Stolen Valor Act of 2005 was unconstitutional. The Stolen Valor Act of 2005 was a federal law that criminalized false statements about having a military medal. It had been passed by Congress as an effort to stem instances where people falsely claimed to have earned the medal in an attempt to protect the valor of legitimate recipients. A 6–3 majority of the Supreme Court agreed that the law was unconstitutional and violated the free speech protections under the First Amendment. Despite reaffirming the opinion that was previously issued by the Ninth Circuit, it could not agree on a single rationale. Four justices concluded that a statement's falsity is not enough, by itself, to exclude speech from First Amendment protection. Another two justices concluded that while false statements were entitled to some protection, the Stolen Valor Act of 2005 was invalid because it could have achieved its objectives in less restrictive ways.
GI coffeehouses were a consequential part of the anti-war movement during the Vietnam War era, particularly the resistance to the war within the U.S. military. They were mainly organized by civilian anti-war activists as a method of supporting antiwar and anti-military sentiment among GIs, but many GIs participated as well. They were created in numerous cities and towns near U.S. military bases throughout the U.S as well as Germany and Japan. Due to the normal high turnover rate of GIs at military bases plus the military's response which often involved transfer, discharge and demotion, not to mention the hostility of the pro-military towns where many coffeehouses were located, most of them were short-lived, but a few survived for several years and "contributed to some of the GI movement's most significant actions". The first GI coffeehouse of the Vietnam era was set up in January 1968 and the last closed in 1974. There have been a few additional coffeehouses created during the U.S. led wars in Iraq and Afghanistan.
