R 130045Z JAN 21
MARADMIN 016/21
MSGID/GENADMIN/CMC WASHINGTON DC//
SUBJ/PERMISSIBLE AND PROHIBITED CONDUCT RELATED TO PUBLIC DEMONSTRATIONS//
REF/A/DOC/USC/12JAN21//
REF/B/DOC/USC/1SEP48//
REF/C/DOC/DOD/22FEB12//
REF/D/DOC/DON/27JUN18//
REF/E/DOC/DON/14SEP90//
NARR/REF A IS TITLE 10, CHAPTER 47 UNITED STATES CODE, SUBJECT: THE UNIFORM CODE OF MILITARY JUSTICE. REF B IS TITLE 18, UNITED STATES CODE, SUBJECT: CRIMES AND CRIMINAL PROCEDURE. REF C IS DODI 1325.06 CH1, SUBJECT: DOD POLICY ON HANDLING DISSIDENT AND PROTEST ACTIVITIES AMONG MEMBERS OF THE ARMED FORCES. REF D IS MCO 5354.1E, SUBJECT: MARINE CORPS PROHIBITED ACTIVITIES AND CONDUCT PREVENTION AND RESPONSE POLICY. REF E IS UNITED STATES NAVY REGULATIONS 1990 W/CH1.//
POC/M.D.GRAHAM/CIV/HQMC SJA (JCA)/TEL:703-614-8661/TEL:DSN 224-8861/EMAIL:MICHAEL.D.GRAHAM@USMC.MIL//
GENTEXT/REMARKS/1.  Purpose.  To restate the law and regulations governing prohibited protest activities, and to highlight permissible conduct.
2.  As Marines, we must embody the values and ideals of our Nation.  We support and defend the Constitution.  Any act that disrupts the Constitutional process is not only against our traditions, core values, and oath; it is against the law.
3.  Policy:  It is Department of Defense policy that:
3.a.  The Department of Defense shall safeguard the security of the United States.
3.b.  The right of expression by military personnel should be preserved to the maximum extent possible in accordance with the constitutional and statutory provisions of titles 10 and 18, United States Code.
4.  Permissible Activities:
4.a.  Military personnel may exercise their First Amendment rights, provided they do not violate law or regulation as detailed in paragraph 5 below.
4.b.  Military personnel may attend a peaceful protest while in their private capacity, while not in uniform, not on duty, and not making a speech at said protest.
4.c.  Military personnel may utilize social media as long as they do not comment, post, or link to material that violates the UCMJ or Marine Corps/Navy regulations.  Refer to the Marine Corps Social Media Handbook 2021 for more detailed guidance at www.marines.mil/News/Social-Media/ (scroll to bottom of page).
5.  Prohibited Activities:
5.a.  Military personnel may not actively advocate supremacist, extremist, or criminal doctrine, ideology, or causes that advance, encourage, or advocate illegal discrimination, based on race, color, sex, religion, ethnicity, gender identity, sexual orientation, or national origin or those that advance, encourage, or advocate the use of force, violence, or criminal activity.
5.b.  Military personnel shall reject active participation in organizations that advocate doctrine, ideology, or causes that attempt to create illegal discrimination, based on race, color, sex, religion, ethnicity, gender identity, sexual orientation, or national origin, or advocate the use of force, violence, or criminal activity.  Active participation includes (but is not limited to):  fundraising; demonstrating or rallying; recruiting, training, organizing or leading members; distributing material (in print or on-line); and any other activity that furthers the objectives of these organizations.
5.c.  Military personnel are prohibited from participating in off-base demonstrations if: 1) they are on-duty; 2) they are in a foreign country; 3) the activities constitute a breach of law and order; 4) violence is likely to result; 5) they are in uniform; or 6) the location has been placed off-limits by a commander.
5.d.  Per reference a, military officers, to include chief warrant officers, may not use 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, Territory, Commonwealth, or possession in which the service member is on duty or present.
6.  The conduct listed in paragraph 5 above may be investigated and,  if appropriate, prosecuted under the Uniform Code of Military Justice (UCMJ), or Title 18, United States Code.
7.  Reporting Violations:  Reference (e) requires anyone who experiences or witnesses misconduct to report it.  Reports may be made to the chain of command, the Inspector General, and the Naval Criminal Investigative Service (NCIS).
8.  Commanders shall ensure widest dissemination of the contents of this MARADMIN.  Commanders requiring additional guidance shall consult with their Staff Judge Advocate, who may consult with HQMC, Judge Advocate Division, (703) 614-8661, as appropriate.
9.  This MARADMIN is applicable to the Marine Corps total force.
10.  This MARADMIN will remain in effect until cancelled or replaced, and will be supplemented as indicated.
11.  Release authorized by Major General Gregg P. Olson, Staff Director of the Marine Corps.//