18 U.S.C. § 2387 – Activities affecting armed forces during war

18 U.S.C. § 2387 – Activities Affecting Armed Forces During War

18 U.S.C. § 2387 is a law that makes it illegal to do certain things that could hurt the U.S. armed forces during wartime. This law applies to the Army, Navy, Air Force, Marine Corps, Coast Guard, and reserve forces. Let’s break down what this law says and what it means.

The Main Parts of the Law

There are two main parts to this law:

1. It’s illegal to cause or try to cause “insubordination, disloyalty, mutiny, or refusal of duty” in the armed forces. This means you can’t try to get military members to disobey orders, be disloyal to the U.S., start a mutiny, or refuse to do their duties.
2. It’s illegal to obstruct or interfere with recruiting or enlisting for the armed forces if it hurts the military. So you can’t purposely get in the way of military recruiting in a way that damages the armed forces.

Punishment

If you break this law, you can face up to 10 years in prison, fines, or both. That’s some pretty serious punishment!

Why This Law Exists

This law is meant to protect the armed forces and make sure people don’t interfere with military operations, recruiting, etc. during wartime. The military depends on discipline, loyalty, and duty. So if people went around telling soldiers not to follow orders or obstructed recruiting, it could really damage the armed forces when they need to be at their strongest.

Some Examples

Here are some examples of what would violate this law:

• Handing out flyers on a military base telling soldiers to refuse deployment orders
• Hacking into a military recruiting website and shutting it down
• Holding an anti-war protest that blocks the entrance to a recruitment center
• Making speeches arguing that military members should mutiny

As you can see, this law covers a pretty wide range of activities that could weaken the armed forces during wartime. Of course, there are First Amendment protections for free speech. But the government has decided this law is necessary to protect national security.

What About Peaceful Protesting?

You might wonder how this law affects peaceful protesting against a war. There are a few key things to keep in mind:

• Generally, peaceful protesting is allowed as free speech. But it crosses the line if it directly urges military members to disobey orders or mutiny.
• Protests that obstruct recruiting or enlistment can violate the law if they cause real harm to the military’s operations.
• Context matters. Protesting at a recruitment center is riskier than protesting in a public park during wartime.

So peaceful protest is usually OK. But anything seen as actively interfering with the military may get into questionable territory.

What About Flag Burning?

Flag burning is a common form of protest. But can it violate this law? Supreme Court cases have ruled that burning the American flag is protected free speech under the First Amendment. So flag burning alone wouldn’t violate this law. However, if someone burned a flag while directly urging military members to mutiny or disobey orders, that could cross the line.

How Is This Law Used?

This law was used more during the World Wars and Vietnam War era. There aren’t as many high-profile cases today. But it remains on the books for the government to use if needed. Some more recent examples:

• In 2005, a man was convicted under this law for interfering with recruitment during the Iraq War.
• In 2010, some anti-war activists were investigated for potentially violating this law with their protests, although no charges were filed.

So while this law isn’t used every day, it’s still a tool the government has to regulate activities seen as harming the military during times of war. There’s always debate around balancing free speech rights with national security.

Key Takeaways

• This law makes it illegal to interfere with the loyalty, discipline, or recruiting of the armed forces during wartime.
• Peaceful protest is usually permitted, but anything seen as directly undermining the military may cross the line.
• The law remains on the books and is occasionally used during times of war.

I hope this overview helps explain what 18 U.S.C. § 2387 does and doesn’t allow. Let me know if you have any other questions!