§ Article 88 : Contempt Toward Officials

Article 88 of the UCMJ (10 U.S.C. § 888) punishes a commissioned officer’s use of contemptuous words against specified civilian officials — the President, Vice President, Congress, the Secretary of Defense, a military department secretary, the Secretary of Homeland Security, or the governor or legislature of a state, commonwealth, or possession where the officer is on duty or present.

Who It Applies To

Only commissioned officers can be charged under Article 88. It applies to contemptuous words used 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, Commonwealth, or possession in which the officer is on duty or present.

What It Covers

1. The accused was a commissioned officer of the United States armed forces.
2. The accused used certain words against an official or legislature named in the article.
3. By an act of the accused, the words came to the knowledge of a person other than the accused.
4. The words were contemptuous, either in themselves or because of the circumstances in which they were used.
5. Where the words were against a Governor or legislature: the accused was then present in the State, Commonwealth, or possession concerned.

Scope rules

• The official or legislature must hold one of the named offices, or be one of the named bodies, at the time of the offense. “Congress” and “legislature” do not include individual members, and “Governor” does not include a lieutenant governor.
• It does not matter whether the words concern the official in an official or a private capacity, and the truth or falsity of the words is immaterial.
• Under the Manual, adverse criticism in the course of a political discussion that is not personally contemptuous, even if emphatic, may not be charged under this article, and opinions expressed in a purely private conversation should not ordinarily be charged.
• Broad circulation of a written publication containing such words, or using them in front of military subordinates, aggravates the offense.

Maximum Punishment

Maximum authorized punishment. Dismissal, forfeiture of all pay and allowances, and confinement for 1 year.

Sentencing parameters. Category 1 (0–12 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 88 is narrower than the disrespect provisions aimed at a service member’s own chain of command (Article 89, Article 91) — it applies specifically to contemptuous words about named civilian officials and legislative bodies, by commissioned officers only.

What the Provision Does

Article 88 applies only to commissioned officers, and only to contemptuous words against the civilian officials and bodies named in the statute, including the governor or legislature of a state, commonwealth, or possession in which the officer is on duty or present. The maximum punishment includes dismissal and 1 year of confinement.

History

The statutory language traces to the original 1950 Uniform Code of Military Justice and was re-enacted on August 10, 1956. The list of officials has been amended: in 1980 the Secretary of Transportation replaced the Secretary of the Treasury, in 2002 the Secretary of Homeland Security replaced the Secretary of Transportation, and in 2006 “Territory” was removed from the list of jurisdictions whose Governor or legislature is covered.

Sources

• 10 U.S.C. § 888 (Article 88, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 14
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C