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.
Files
Metadata
- Subject
First Amendment
Military, War, and Peace
- Journal title
Boston College Law Review
- Volume
49
- Issue
4
- Pagination
1131
- Date submitted
6 September 2022