A First Amendment Analysis of Military Regulations Restricting the Wearing of Military Uniforms by Members of the Individual Ready Reserve Who Participate in Politically Themed Theatrical Productions

Abstract

Adam Kokesh, a veteran of the Iraq War and a member of the Individual Ready Reserve, performed a public reenactment of combat in Iraq while wearing elements of his military uniform. Although federal statutes permit the wearing of a military uniform during such expression, the United States Marine Corps punished Kokesh based on his violation of military regulations. This Note explains that Kokesh's experience is representative of a policy by which the uniform-related expression of members of the Individual Ready Reserve has been restricted to a greater degree than that of the general public. After examining three available First Amendment standards by which this additional restriction might be evaluated, this Note concludes that the most appropriate standard is the standard for the regulation of expressive conduct and that the imposition of this additional restriction on the uniform-related expression of members of the Individual Ready Reserve fails to satisfy that standard.