The Military, Freedom of Speech, and the Internet: Preserving Operational Security and Servicemembers' Right of Free Speech

Courts have viewed the military as a "specialized society" that entitles servicemembers to fewer free speech rights than civilians. In the face of new threats to operational security posed by the Internet, the military has crafted new regulations on Internet use by servicemembers. Part II discusses these regulations and their impact on servicemembers' speech rights. Part III addresses courts', especially the Supreme Court's, deference to military restrictions on speech. Part IV analyzes three speech rights that are likely affected by the new regulations -- the right to private communication, the right to criticize the government and military officials, and the right to anonymous speech. Finally, Part V proposes technical solutions that the military should implement to reduce the impact of the new regulations on the speech rights of servicemembers while still preserving operational security. Additionally, this article argues that the Supreme Court should adopt a balancing test to determine when the military has impermissibly restricted these rights.