parker levy argued february decided june article uniform code military justice code provides punishment person subject code willfully disobeys lawful command superior commissioned officer art punishes commissioned officer conduct unbecoming officer gentleman art general article punishes person subject code inter alia disorders neglects prejudice good order discipline armed forces though specifically mentioned code appellee army physician assigned hospital convicted general violating art disobeying hospital commandant order establish training program special forces aide men violating arts making public statements urging negro enlisted men refuse obey orders go vietnam referring special forces personnel liars thieves killers peasants murderers women children conviction sustained within military exhausted avenue relief appellee sought habeas corpus relief district challenging conviction ground art art void vagueness due process clause fifth amendment overbroad violation first amendment district denied relief appeals reversed holding arts void vagueness appellee conduct fell within example art violations contained manual possibility articles applied others future conduct insufficient warning within area protected first amendment expression enough give appellee standing challenge articles face joint consideration art charges gave rise reasonable possibility appellee right fair trial prejudiced new trial required held articles unconstitutionally vague due process clause fifth amendment pp article construed military appeals military authorities manual limit scope thus narrowing broad reach literal language articles time supplying considerable specificity way examples conduct cover pp articles subject condemned specifying standard conduct type statutes terms authoritatively construed apply without question certain activities whose application behavior uncertain smith goguen pp factors differentiating military civilian society congress permitted legislate greater breadth flexibility prescribing rules former prescribing rules latter proper standard review vagueness challenge code articles standard applies criminal statutes regulating economic affairs standard met since appellee reasonable doubt statements urging negro enlisted men go vietnam ordered unbecoming officer gentleman prejudice good order discipline armed forces violation arts respectively pp arts facially invalid overbreadth pp doctrines first amendment overbreadth asserted support challenges imprecise language like contained arts exempt operation principles military personnel excluded first amendment protection fundamental necessity obedience consequent necessity discipline may render permissible within military constitutionally impermissible outside pp wide range conduct arts may applied without infringing first amendment may marginal applications first amendment values infringed insufficient invalidate either article appellee behest conduct publicly urging enlisted personnel refuse obey orders might send combat unprotected expansive notions first amendment arts may constitutionally prohibit conduct sufficiently large number similar related types conduct preclude invalidation overbreadth pp appellee contention even arts constitutional conviction art invalidated carry hospital commandant order constituted participation war crime commandant gave order knowing disobeyed sole purpose increasing appellee punishment constitutional significance beyond scope review since defenses resolved appellee factual basis convicted rehnquist delivered opinion burger white blackmun powell joined blackmun filed concurring statement burger joined post douglas filed dissenting opinion post stewart filed dissenting opinion douglas brennan joined post marshall took part consideration decision case solicitor general bork argued cause appellants brief assistant attorney general petersen allan tuttle jerome feit charles morgan argued cause appellee brief norman siegel laughlin mcdonald morris brown neil bradley reber boult anthony amsterdam alan levine burt neuborne melvin wulf henry sawyer iii briefs amici curiae urging affirmance filed marvin karpatkin thomas comerford association bar city new york joseph sharlitt neal krucoff richard augenblick justice rehnquist delivered opinion appellee howard levy physician captain army stationed fort jackson south carolina entered army berry plan agreed serve two years armed forces permitted first complete medical training time entered active duty july trial assigned chief dermatological service army hospital fort jackson june appellee convicted general violations arts uniform code military justice sentenced dismissal service forfeiture pay allowances confinement three years hard labor facts upon conviction rests virtually undisputed evidence admitted trial showed one functions hospital appellee assigned training special forces aide men chief dermatological service appellee conduct clinic aide men late summer came attention hospital commander dermatology training students unsatisfactory investigating program determining appellee totally neglected duties commander called appellee office personally handed written order conduct training appellee read order said understood declared obey medical ethics appellee persisted refusal obey order later reviews program established training still carried period time appellee made several public statements enlisted personnel post following representative wrong involved viet nam war refuse go viet nam ordered see colored soldier go viet nam refuse go viet nam sent refuse fight discriminated denied freedom sacrificed discriminated viet nam given hazardous duty suffering majority casualties colored soldier refuse go viet nam colored soldier sent refuse fight special forces personnel liars thieves killers peasants murderers women children specification art alleged appellee fort jackson south carolina design promote disloyalty disaffection among troops publicly utter certain statements divers enlisted personnel divers times specification art alleged appellee performance duties army hospital wrongfully dishonorably make statements variously described intemperate defamatory provoking disloyal contemptuous disrespectful special forces personnel enlisted personnel patients supervision appellee convicted conviction sustained appeals within military exhausted avenue relief sought federal habeas corpus district middle district pennsylvania challenging conviction number grounds district basis voluminous record military proceedings argument counsel denied relief held various articles uniform code military justice unconstitutional vagueness citing several decisions military appeals rejected balance appellee claims without addressing individually noting military tribunals given fair consideration role federal courts reviewing proceedings limited one appeals reversed holding lengthy opinion arts void vagueness found little difficulty concluding measured contemporary standards vagueness applicable statutes ordinances governing civilians general articles pass constitutional muster relied cases grayned city rockford papachristou city jacksonville giaccio pennsylvania coates city cincinnati gelling texas appeals rule appellee punished things reasonably known constituted conduct proscribed art indeed recognized conduct fell within one examples art violations contained manual promulgated president executive order nonetheless relying chiefly gooding wilson found possibility arts applied future conduct others insufficient warning within area protected first amendment expression enough give appellee standing challenge articles face acknowledged different standards might circumstances applicable considering vagueness challenges provisions govern conduct members armed forces saw case arts countervailing military considerations justify twisting established standards due process order hold inviolate articles clearly repugnant current constitutional values turning finally appellee conviction art held joint consideration art charges charges arts gave rise reasonable possibility appellee right fair trial prejudiced new trial required appellants appealed pursuant set case oral argument postponed consideration question jurisdiction hearing merits long recognized military necessity specialized society separate civilian society also recognized military necessity developed laws traditions long history differences military civilian communities result fact primary business armies navies fight ready fight wars occasion arise ex rel toth quarles grimley observed army deliberative body executive arm law obedience question left open right command officer duty obedience soldier recently noted military constitutes specialized community governed separate discipline civilian orloff willoughby rights men armed forces must perforce conditioned meet certain overriding demands discipline duty burns wilson plurality opinion also recognized military officer holds particular position responsibility command armed forces president commission recites reposing special trust confidence patriotism valor fidelity abilities appointee named specified rank pleasure president orloff willoughby supra courts martial duly organized bound execute duties regulate modes proceeding absence positive enactments upon principle courts martial left without adequate means exercise authority confided scarcely framed positive code provide infinite variety incidents applicable whatsoever commissioned officer shall convicted general behaving scandalous infamous manner unbecoming character officer gentleman shall discharged service commissioned officer convicted general conduct unbecoming officer gentleman shall dismissed service british article punishing disorders neglects also adopted continental congress except revision added clause punishing conduct nature bring discredit upon military service substantially language preserved throughout various article enacted art uniform code military justice decisions last century recognized longstanding customs usages services impart accepted meaning seemingly imprecise standards arts dynes hoover upheld navy general article provided crimes committed persons belonging navy specified foregoing articles shall punished according laws customs cases sea reasoned hen offences crimes given terms definition want may supplied comprehensive enactment article rules government navy means courts martial jurisdiction crimes specified recognized crimes offences usages navy nations shall punished according laws customs sea notwithstanding apparent indeterminateness provision liable abuse crimes punished well known practical men navy army studied law courts martial offences different courts martial cognizance fletcher considered conviction art rejecting captain fletcher claim properly held refusal pay debt conduct unbecoming officer gentleman claims decision affirmed fletcher stressed military higher code termed honor holds society stricter accountability trained civilian law unfamiliar swaim affirmed another claims decision time refusing disturb conviction conduct prejudice good order military discipline violation articles war recognized role unwritten law usage giving meaning language art rejecting swaim argument evidence failed establish offense article said matter falls within province respect conclusions controlled reviewed civil courts said smith whitney questions depending upon construction statutes upon unwritten military law usage within jurisdiction military naval officers training experience service competent judges courts common law ii differences noted settled line authority first military community civilian community second military law civilian law continue present day uniform code military justice code equated civilian criminal code various versions articles war preceded regulate aspects conduct members military civilian sphere left unregulated civilian criminal code carves relatively small segment potential conduct declares criminal uniform code military justice essays varied regulation much larger segment activities tightly knit military community civilian life legal sanction civil criminal failure behave officer gentleman military world art imposes sanction commissioned officer code likewise imposes sanctions conduct civilian life subject criminal penalties disrespect toward superior commissioned officers art cruelty toward oppression maltreatment subordinates art negligent damaging destruction wrongful disposition military property art improper hazarding vessel art drunkenness duty art malingering art side coin penalties provided code vary death substantial penal confinement one extreme forms administrative discipline threshold normally considered criminal sanction though offenses described code punishable may direct accused may demand trial art code also provides imposition nonjudicial disciplinary punishments minor offenses without intervention punishments imposable article limited nature respect officers punishment may encompass suspension duty arrest quarters days restriction days forfeiture pay limited period time case enlisted men punishment may additionally include among things reduction next inferior pay grade extra fatigue duty correctional custody seven consecutive days thus legal proceedings actually brought prosecuted name government accused right demand proceeded manner sanctions may imposed upon range minor sanctions lesser infractions often imposed administratively forfeiture pay reduction rank even dismissal service bring mind law relations much civilian criminal law short uniform code military justice regulates far broader range conduct military personnel typical state criminal code regulates conduct civilians time enforcement code area minor offenses often sanctions akin administrative civil sanctions civilian criminal ones availability lesser sanctions surprising view different relationship government members military lawgiver citizen also employer employee indeed unlike civilian situation government often employer landlord provisioner lawgiver rolled one relationship also reflects different purposes two communities observed grimley military executive arm whose law obedience members military community enjoy many rights bear many burdens members civilian community within military community simply autonomy larger civilian community military establishment subject control civilian commander chief civilian departmental heads function carry policies made civilian superiors perhaps broader sweep uniform code military makes effort advise personnel contents uniform code rather depending ancient doctrine everyone presumed know law article uniform code requires provisions code carefully explained enlisted member time entrance active duty within six days thereafter explained completed six months active duty thus numerically largest component services enlisted personnel might expected good deal less familiar uniform code commissioned officers required terms receive instructions provisions article provides complete text code regulations prescribed president shall made available person active duty upon request personal examination significant differences military law civilian law military community civilian community mind turn appellee challenges constitutionality arts iii appellee urges art art general article void vagueness due process clause fifth amendment overbroad violation first amendment recently said vagueness doctrine doctrine incorporates notions fair notice warning moreover requires legislatures set reasonably clear guidelines law enforcement officials triers fact order prevent arbitrary discriminatory enforcement statute literal scope unaided narrowing state interpretation capable reaching expression sheltered first amendment doctrine demands greater degree specificity contexts smith goguen military appeals stated art must judged vacuo context years placed frantz article make every irregular mischievous improper act offense sadinsky reach limited conduct directly palpably distinguished indirectly remotely prejudicial good order discipline ibid holiday applies calls active opposition military policy priest reach isagreement objection policy government harvey manual restates limitations scope art goes say ertain disloyal statements military personnel may punishable art examples utterances designed promote disloyalty disaffection among troops praising enemy attacking war aims denouncing form government extensive additional interpretative materials contained portions manual devoted art describe sixty illustrative offenses military appeals likewise limited scope art quoting winthrop military law precedents ed stated constitute therefore conduct denounced act forms basis charge must double significance effect though need amount crime must offend seriously law justice morality decorum expose disgrace socially man offender time must nature committed circumstances bring dishonor disrepute upon military profession represents howe neither unmindful manual offers example offense article praising enemy attacking war aims denouncing form government possible exception statement special forces personnel liars thieves killers peasants murderers women children appear statement levy fall within example given manual disagree appeals approach question resolution one occasion invalidated statutes due process clause fifth fourteenth amendment contained standard whatever criminality ascertained doctrine cases subsequently acquired shorthand description void vagueness lanzetta new jersey winters new york cases criminal provision vague sense requires person conform conduct imprecise comprehensible normative standard rather sense standard conduct specified coates city cincinnati appeals found case agree arts subject sweeping condemnation levy fair notice language article particular conduct engaged punishable case type adverted smith goguen statutes terms authoritatively construed apply without question certain activities whose application behavior uncertain result appeals conclusion levy standing challenge vagueness articles might hypothetically applied conduct others even though squarely within prohibitions may stem blending doctrine vagueness doctrine overbreadth believe supported prior decisions noted smith goguen precision drafting may required vagueness doctrine case regulation expression reasons differentiate military society civilian society think congress permitted legislate greater breadth greater flexibility prescribing rules former shall governed prescribing rules latter differentiations relates strict test vagueness shall applied judging particular criminal statute none suggests one received fair warning criminality conduct statute question nonetheless entitled attack language give similar fair warning respect conduct might within broad literal ambit one whose conduct statute clearly applies may successfully challenge vagueness factors differentiating military society civilian society hold proper standard review vagueness challenge articles code standard applies criminal statutes regulating economic affairs clearly standard met stated national dairy strong presumptive validity attaches act congress led hold many times statutes automatically invalidated vague simply difficulty found determining whether certain marginal offenses fall within language jordan de george petrillo indeed consistently sought interpretation supports constitutionality legislation rumely crowell benson see screws void vagueness simply means criminal responsibility attach one reasonably understand contemplated conduct proscribed harriss determining sufficiency notice statute must necessity examined light conduct defendant charged robinson likewise reject appellee contention arts facially invalid overbreadth gooding wilson said matters words appellee used might constitutionally prohibited narrowly precisely drawn statute least statutes regulate proscribe speech readily apparent construction suggests vehicle rehabilitating statutes single prosecution dombrowski pfister transcendent value society constitutionally protected expression deemed justify allowing attacks overly broad statutes requirement person making attack demonstrate conduct regulated statute drawn requisite narrow specificity armed forces restrictions exist reasons counterpart civilian community disrespectful contemptuous speech even advocacy violent change tolerable civilian community directly affect capacity government discharge responsibilities unless directed inciting imminent lawless action likely produce action brandenburg ohio military life however considerations must weighed armed forces depend command structure times must commit men combat hazarding lives ultimately involving security nation speech protected civil population may nonetheless undermine effectiveness response command constitutionally unprotected gray however repeatedly expressed reluctance strike statute face substantial number situations might validly applied thus even marginal applications statute infringe first amendment values facial invalidation inappropriate remainder statute covers whole range easily identifiable constitutionally proscribable conduct csc letter carriers recognized broadrick supra conduct merely speech involved overbreadth must real substantial well judged relation statute plainly legitimate sweep manual makes clear art art prohibit whole range easily identifiable constitutionally proscribable conduct broadrick letter carriers involved basically noncriminal sanctions imposed federal state employees otherwise civilians uniform code military justice applies series sanctions varying severe criminal penalties administratively imposed minor sanctions upon members military however reasons dictating different application first amendment principles military context described think weighty countervailing policies broadrick supra permit extension standing first amendment cases involving civilian society must accorded good deal less weight military context wide range conduct military personnel arts may applied without infringement first amendment may lurk fringes articles even light narrowing construction military appeals possibility conduct ultimately held protected first amendment included within prohibition deem insufficient invalidate either behest appellee conduct commissioned officer publicly urging enlisted personnel refuse obey orders might send combat unprotected expansive notions first amendment articles may constitutionally prohibit conduct sufficiently large number similar related types conduct preclude invalidation overbreadth iv appellee urges disagree appeals constitutionality arts nonetheless affirm judgment invalidating conviction art contends carry hospital commandant order train aide men dermatology constituted participation war crime commandant gave order question knowing disobeyed sole purpose increasing punishment imposed upon appellee appeals observed defenses recognized uniform code military justice resolved appellee factual basis convicted went say isolation factual determinations adverse appellant admittedly valid article constitutional significance resultantly beyond scope review appellee brief mounts number alternative attacks sentence imposed attacks treated appeals opinion case extent points properly presented district preserved appeal appeals extent open federal habeas corpus review convictions burns wilson believe addressed appeals first instance reversed footnotes article uniform code military justice provides person subject chapter strikes superior commissioned officer draws lifts weapon offers violence execution office willfully disobeys lawful command superior commissioned officer shall punished offense committed time war death punishment may direct offense committed time punishment death may direct article uniform code military justice provides commissioned officer cadet midshipman convicted conduct unbecoming officer gentleman shall punished may direct article uniform code military justice provides though specifically mentioned chapter disorders neglects prejudice good order discipline armed forces conduct nature bring discredit upon armed forces crimes offenses capital persons subject chapter may guilty shall taken cognizance general special summary according nature degree offense shall punished discretion specification art charge ii alleged full captain howard levy army headquarters headquarters company army hospital fort jackson south carolina fort jackson south carolina period february december design promote disloyalty disaffection among troops publicly utter following statements divers enlisted personnel divers times wrong involved viet nam war refuse go viet nam ordered see colored soldier go viet nam refuse go viet nam sent refuse fight discriminated denied freedom sacrificed discriminated viet nam given hazardous duty suffering majority casualties colored soldier refuse go viet nam colored soldier sent refuse fight special forces personnel liars thieves killers peasants murderers women children words effect statements disloyal prejudice good order discipline armed forces specification art additional charge alleged appellee divers times period february december performance duties army hospital fort jackson south carolina wrongfully dishonorably make following statements nature presence hearing persons hereinafter particularly described wit intemperate defamatory provoking disloyal statements special forces enlisted personnel present training army hospital fort jackson south carolina presence hearing enlisted personnel patients performing duty immediate supervision control dependent patients follows train special forces personnel liars thieves killers peasants murderers women children words effect intemperate disloyal statements enlisted personnel patients performing duty immediate supervision control follows refuse go vietnam ordered see colored soldier go vietnam refuse go vietnam sent refuse fight discriminated denied freedom sacrificed discriminated vietnam given hazardous duty suffering majority casualties colored soldier refuse go vietnam colored soldier sent vietnam refuse fight words effect intemperate contemptuous disrespectful statements enlisted personnel performing duty immediate supervision control follows hospital commander given order train special forces personnel order refused obey words effect intemperate defamatory provoking disloyal statements special forces personnel presence hearing enlisted personnel performing duty immediate supervision control follows hope get vietnam something happens injured words effect statements made persons knew said howard levy commissioned officer active service army levy cm petition review denied appellee also unsuccessfully sought relief civilian courts levy corcoran app application stay denied cert denied levy resor levy resor civ sc july aff per curiam cert denied levy dillon supp aff howe sadinsky frantz manual title provides pertinent part ny party may appeal interlocutory final judgment decree order holding act congress unconstitutional civil action suit proceeding agencies officer employee thereof officer employee party motion dismiss affirm appellee urged lack jurisdiction attorneys filed served notice appeal attorneys record attorney effecting service failed comply rule requiring persons admitted bar prove service affidavit rather certificate appellee alternatively contended intended permit appeals courts appeals district courts postponed consideration jurisdictional question hearing merits appellee renews contentions asserted defects appellants filing notice appeal treated failure file timely notice appeal appeal must accordingly dismissed see territo department banking pink also urges question whether appeal may taken appeals presents question first impression hold used includes courts appeals reviser note term includes courts appeals definitional section title provides used title term includes courts appeals district courts reading supported section legislative history section originally enacted act august stat section act defined include circuit appeals also find merit appellee contention asserted defects appellants notice appeal deprive jurisdiction appellants note appellee makes claim actual notice filing notice appeal assuming technical noncompliance rule reasons urged appellee noncompliance deprive jurisdiction cf taglianetti heflin section xx art iii british articles war winthrop military law precedents ed section xv art xxiii british articles war winthrop supra article xlvii american articles war winthrop supra article section xiv american articles war winthrop supra article section american articles war winthrop supra article american articles war art section xviii american articles war winthrop supra act stat fletcher cl swaim cl art manual justice blackmun chief justice joins concurring wholly concur opinion write state crucial difference majority dissenting views case brother stewart complains men common intelligence must necessarily speculate conduct unbecoming officer gentleman conduct prejudice good order discipline armed forces conduct nature bring discredit upon armed forces really means implies average soldier sailor reasonably expect general articles suffer military reprimand punishment engaging sexual acts chicken window peeping trailer park cheating calling bingo numbers post argues times surely changed articles vague uncertain incomprehensible servicemen governed post assertions course less judicial fantasy dissent charges majority indulging actuality issue concepts right wrong whether civil law accommodate special circumstances system law expects individual context broader variety relationships one finds civilian life judgment times changed area moral precepts fundamental concepts right wrong articles earl essex british articles war american articles war long line precedents courts upholding general articles however unfortunate may still necessary maintain disciplined obedient fighting force noted commentator professor bishop yale recently stated lmost acts actually charged articles notably drug offenses sort ordinary soldiers know know punishable bishop justice fire agree subtle airs govern command relationship always capable specification general articles essential punish patently criminal conduct also foster orderly dutiful fighting force one need read history permissive regime soviet army early days russian revolution know command indulgence undisciplined rank file decimate fighting force moreover fearful specter arbitrary enforcement articles engine dissent disabled view elaborate system military justice congress provided servicemen factor commanders arbitrary charges produce efficient effective military organization country needs demands defense fletcher cl claims reviewed finding captain fletcher guilty conduct unbecoming officer intent defraud failed neglected refused pay one amount due though repeatedly requested found charged offense come within article sentiments expressed judge nott writing case applicable case decide today must confessed affairs civil life rules principles municipal law ordinarily know fraud relates obtaining man money refusing pay back hard trained lawyer conceive indictment declaration allege defendant defrauded refusing return money borrowed legal training legal habit mind termed inclines us dissociate punishment acts law define offenses one greatest writers fiction puts metaphysical fitness accurate sarcasm describes one legal characters moral horizon limited civil code tennessee fraud obtain man money dishonest representations fraud keep afterwards amount lying deceit distinction statutory tracing gambler throws away people money spendthrift uses luxurious living instead paying back cheat defraud creditors effectually knaves sharpers drift within meshes criminal law learnt law students blackstone things malum se addition things merely malum prohibitum unhappily affairs real life find many things malum se without likewise malum prohibitum military life higher code termed honor holds society stricter accountability desirable standard army shall come requirements criminal code brother douglas rendition captain levy offense case leave one believe levy punished speaking vietnam war army wives tea party fact levy convicted charges performance duties army hospital fort jackson south carolina told enlisted personnel charge train special forces aide men liars thieves killers peasants murderers women children also stated presence patients performing duty immediate supervision refuse go vietnam ordered refuse moreover ordered give dermatological training aide men announced students hospital commander given order train special forces personnel order refused obey unless one blind one eyes utter worship first amendment needs explication disloyal statements actions undertaken officer course duty subject sanction justice douglas dissenting congress art cl power make rules government regulation land naval forces articles uniform code military justice issue case trace legitimacy power far discover express exemption person armed services protection bill rights contained fifth amendment dispenses need presentment indictment grand jury cases arising land naval forces militia actual service time war public danger practice construction words criminal prosecutions sixth amendment necessarily cover military trials one result guarantee sixth amendment trial impartial jury applicable military trials judge ferguson tempia properly said oth satisfied applicability constitutional safeguards military trials except insofar made inapplicable either expressly necessary implication government therefore correct conceding point judge advocate general navy amicus curiae incorrect contrary conclusion indeed latter appear authorities relies military courts applied know constitutional protection trials prior contemporaneous adoption constitution hence find major andre extended privilege wigmore evidence ed reference made trial commodore james barron proceedings general martial convened trial commodore james barron page articles war amended may provided objection judge advocate question put accused answer might tend incriminate see winthrop military law precedents ed reprint pages congress shall make law abridging freedom speech press military tradition necessity demands discipline necessities require obedience training action command speech brigaded action permissible commands may disobeyed may borderland penumbra time established litigated cases imagine however congress think power authorize military curtail reading list books plays poems periodicals papers like person armed services may read believe congress assume authority empower military suppress conversations bar ban discussions public affairs prevent enlisted men women draftees meeting discussion groups times places periods time interfere performance military duties congress taken step art allowed punishment conduct unbecoming officer gentleman society diversities supposed flourish never unbecoming express one views even controversial public issue article covers disorders neglects prejudice good order discipline armed forces conduct nature bring discredit upon armed forces captain levy appellee present case convicted arts failure give required medical instructions walked facilities work met students spoke views war vietnam thus said wrong involved viet nam war refuse go viet nam ordered see colored soldier go viet nam refuse go viet nam sent refuse fight discriminated denied freedom sacrificed discriminated viet nam given hazardous duty suffering majority casualties colored soldier refuse go viet nam colored soldier sent refuse fight special forces personnel liars thieves killers peasants murderers women children important case government contention regardless deficiencies smith act specification properly alleges evidence adequately establishes conduct discredit armed forces violation article membership school teacher organization advocating violent disestablishment government regarded conduct requiring dismissal adler board education seems us membership even profoundly evil case person military establishment true affiliation implies something less membership bridges wixon duty military protection security government people hence aside specific intent part accused overthrow government violence conduct alleged definitely discrediting armed forces true petitioner reserve officer rather professional officer time serves active duty must controlled provisions military law instance military restrictions fall upon reluctant summer soldier another time differing circumstances ancient wise provisions insuring civilian control military restrict man white horse ibid power draft army includes course power curtail considerably liberty people make congress articles undertaken cross forbidden first amendment line making speech comment one important controversial public issues past two decades stretch dictionary meaning included disorders neglects prejudice good order discipline armed forces captain levy said possibly conduct nature bring discredit upon armed forces uttering belief article faith sincerely held mere ploy perform subversive act many others loved country shared views saboteurs uttering one beliefs sacrosanct first amendment punishing utterances abridgment speech constitutional sense commissioned officer cadet midshipman convicted conduct unbecoming officer gentleman shall punished may direct though specifically mentioned chapter disorders neglects prejudice good order discipline armed forces conduct nature bring discredit upon armed forces crimes offenses capital persons subject chapter may guilty shall taken cognizance general special summary according nature degree offense shall punished discretion parker stated case arise land naval forces accused gets first benefit indictment grand jury second trial jury civilian guaranteed sixth amendment art iii constitution provides part trial crimes except cases impeachment shall jury trial shall held state said crimes shall committed committed within state trial shall place places congress may law directed military appeals held probable cause aspect fourth amendment applicable military trials see battista gebhart brown held right counsel sixth amendment extends military trials see culp opinions quinn ferguson rulings also freedom speech protects extent least armed services wysong see gray see parker mcelroy ex rel guagliardo grisham hagan kinsella ex rel singleton reid covert ex rel toth quarles ex parte quirin words justice holmes written dissent schwimmer need recalled whole examination applicant shows holds none creeds thoroughly believes organized government prefers world surely show lack attachment principles constitution thinks improved suppose intelligent people think might particular improvement looking abolition war seems materially different bearing case wish establish cabinet government england single house one term seven years president touch burning question judge mad partisanship exclude applicant thought eighteenth amendment repealed course fear war came applicant exert activities dealt schenck seems unfounded position motives wholly different schenck optimist strong doubt sincere words belief war disappear impending destiny mankind unite peaceful leagues share optimism think philosophic view world regard war absurd people known regard horror last resort even yet ready cosmopolitan efforts welcome practicable combinations increase power side peace notion applicant optimistic anticipations make worse citizen sufficiently answered examination seems better argument admission offer answers might excite popular prejudice principle constitution imperatively calls attachment principle free thought free thought agree us freedom thought hate think adhere principle regard admission well life within country recurring opinion bars applicant way suggest quakers done share make country many citizens agree applicant belief supposed hitherto regretted inability expel believe us teachings sermon mount justice stewart justice douglas justice brennan join dissenting article uniform code military justice makes criminal offense engage conduct unbecoming officer gentleman article makes criminal disorders neglects prejudice good order discipline armed forces conduct nature bring discredit upon armed forces today reversing unanimous judgment appeals upholds constitutionality statutes find hard imagine criminal statutes patently unconstitutional vague uncertain general articles accordingly affirm judgment us many decisions make clear vague statutes suffer least two fatal constitutional defects first failing provide fair notice precisely acts forbidden vague statute violates first essential due process law connally general construction put matter lanzetta new jersey one may required peril life liberty property speculate meaning penal statutes entitled informed state commands forbids words vague fluid may much trap innocent ancient laws caligula cardiff secondly vague statutes offend due process failing provide explicit standards enforce thus allowing discriminatory arbitrary enforcement papachristou city jacksonville vague law impermissibly delegates basic policy matters policemen judges juries resolution ad hoc subjective basis grayned city rockford absence specificity criminal statute invites abuse part prosecuting officials left free harass individuals groups may object official displeasure plain arts vague face indeed opinion seriously contend contrary men common intelligence including judges military civilian courts must necessarily speculate terms conduct unbecoming officer gentleman conduct nature bring discredit upon armed forces really mean past held unconstitutional statutes penalizing misconduct conduct annoying reprehensible prejudicial best interests city significant military courts resorted several terms describing sort acts proscribed arts facially vague statutes may course saved unconstitutionality narrowing judicial construction conclude ante facial vagueness general articles cured relevant opinions either military appeals military tribunal attempting give meaning amorphous words statutes military appeals repeatedly turned winthrop military law precedents treatise work describes conduct unbecoming officer gentleman following manner constitute therefore conduct denounced act forms basis charge must double significance effect though need amount crime must offend seriously law justice morality decorum expose disgrace socially man offender time must nature committed circumstances bring dishonor disrepute upon military profession represents doubt absence truly limiting constructions general articles swiftly dispelled even cursory review convictions military courts article recently employed punish widely disparate conduct dishonorable failure repay debts selling whiskey unconscionable price enlisted man cheating cards extramarital affair article given even wider sweep applied sexual acts chicken window peeping trailer park cheating calling bingo numbers convictions leave little doubt infinite variety conduct limited scope commander creativity spleen made subject articles sherman civilianization military law maine rev short general articles practice well theory designed allow prosecutions practically conduct may offend sensibilities military commander every prosecution course results conviction military courts sometimes overturned convictions conduct involved marginally related military discipline offend even loosest interpretations general articles circumstances hardly thought validate otherwise vague statutes said reese certainly dangerous legislature set net large enough catch possible offenders leave courts step inside say rightfully detained set large best general articles net suffer vices previous decisions condemn ii perhaps recognition essential vagueness general articles today adopts several rather periphrastic approaches problem us whatever apparent vagueness statutes us civilians told models clarity practical men navy army ante quoting dynes hoover moreover says appellee well aware conduct fell within proscriptions general articles since manual gives specific content facially uncertain statutes believe neither propositions withstand analysis true course line prior decisions beginning dynes hoover supra concluding carter mcclaughry upheld constitutional attack ancestors today general articles respect principle stare decisis however believe decisions given authoritative force view manifestly vastly altered historic environment mitchell grant dissenting opinion see also powell concurring might well true even armed services knew combination military custom instinct sorts acts fell within purview general articles times surely changed throughout much country early history standing army navy numbered hundreds cadre small professional voluntary military unique society isolated mainstream civilian life least plausible suppose volunteer era understood conduct prohibited general articles obvious army levy entered far different part military establishment whose members numbered millions large percentage conscripts volunteers prior military experience little expectation remaining beyond initial period obligation levy precisely individual volunteer whose military indoctrination minimal best presume others like served vietnam era imbued ancient traditions military comprehend arcane meaning general articles engage act judicial fantasy view grave disservice citizen soldiers subjecting uncertain regime arts simply provisions offend sensibilities federal judiciary wholly different period history today vastly altered historic environment dynes case progeny become constitutional anachronisms retire active service suggests manual provides notice proscribed general articles appendix containing forms charges specifications specimen charges consist accusations covering various fact situations offer indication conduct drafters manual perceived fall within prohibitions arts several reasons however form specifications provide sort definitive interpretation general articles necessary save statutes unconstitutionality one thing specifications covering arts exclusive military courts repeatedly held conduct listed manual appendix nonetheless violative general articles said specifications contain common thread unifying theme gives generic definition articles vague words specimen charges manual list widely disparate conduct kicking public horse belly subornation perjury wrongful cohabitation violative art moreover list offenses included appendix manual contained art offenses list increased view nonexclusive transient character specification list serviceman wishing conform conduct requirements law simply find definitive guidance manual impossible significantly fact certain conduct listed manual guarantee violation general articles military appeals repeatedly emphasized sample specifications procedural guides timesavers military prosecutors beset poor research facilities intended create offenses general articles consequently several occasions disapproved art convictions despite fact precise conduct issue listed form specifications falling article despite indicates levy aware conduct violative art since one specimen charges relates making statements disloyal specification brief reference conduct text manual vague overbroad declared unconstitutional one federal stolte laird supp dc even consensus meaning word disloyal readily attainable less confident levy attacks upon vietnam policies accurately characterized adjective however foreign military atmosphere fort jackson words spoken represented viewpoint shared many american citizens whatever accuracy views loath impute disloyalty honestly held short think clear form specification concerning disloyal statements said given levy notice illegality conduct specimen charge better article spawned merely substitutes one set subjective amorphous phraseology another iii said indicates view general articles unconstitutionally vague standards normally repeatedly applied remaining question whether concludes ante peculiar situation military requires application standard judicial review relaxed embodied prior decisions course common ground military specialized community governed separate discipline civilian orloff willoughby number serviceman individual rights must necessarily subordinated overriding military mission doubt military may constitutionally prohibit conduct quite permissible civilian life questioning command superior begins inquiry question us whether military may adopt substantive rules different govern civilian society whether serviceman right civilian counterpart informed precisely conduct rules proscribe criminally punished violating specifically issue whether vagueness general articles required serve genuine military objective solicitor general suggests certain amount vagueness general articles necessary order maintain high standards conduct military since impossible predict advance every offense might serve affect morale discredit service seems argument concisely eloquently rebutted judge aldisert appeals hat high standard conduct served convicting individual conduct reasonably perceive criminal essence high standards military first knowing one duty secondly executing regard even higher standard served delineation various offenses article followed obedience standards short think case made finding legitimate military necessity perpetuation vague amorphous general articles regard alone less authority kenneth hodson former judge advocate general army chief judge army military review recommended abolition art really need ca defend use modern world hodson manual military rev different conclusion reached art anachronisms whose legitimate military usefulness long since disappeared perhaps appropriate add final word one moment denigrate importance inherited tradition commissioned officers military forces expected men honor doubt necessity servicemen generally must orderly dutiful efficient effective military organization depends large part upon character quality personnel particularly leadership internal loyalty mutual reliance indispensable ultimate effectiveness military organization exist among people counted duty therefore legitimate essential matters promotion retention duty assignment internal discipline evaluations must repeatedly made serviceman basic character reflected deportment whether enlisted man commissioned officer deal criminal statutes believe meaningless statutes used send men prison constitution guarantees due process law article provides commissioned officer cadet midshipman convicted conduct unbecoming officer gentleman shall punished may direct article provides though specifically mentioned chapter disorders neglects prejudice good order discipline armed forces conduct nature bring discredit upon armed forces crimes offenses capital persons subject chapter may guilty shall taken cognizance general special summary according nature degree offense shall punished discretion art expressly termed general article arts commonly known general articles referred herein see also harriss constitutional requirement definiteness violated criminal statute fails give person ordinary intelligence fair notice contemplated conduct forbidden statute underlying principle man shall held criminally responsible conduct reasonably understand proscribed see also smith goguen statutory language standardless sweep allows policemen prosecutors juries pursue personal predilections legislatures may abdicate responsibilities setting standards criminal law repeatedly recognized dangers inherent vague statutes magnified laws touch upon first amendment freedoms see grayned city rockford areas precise statutory specificity required lest cautious citizens steer clear protected conduct order certain violating law see generally note doctrine rev even one staunchest defenders general articles recognized denied language cases broad enough condemn unduly indefinite prohibition article conduct unbecoming officer gentleman prohibitions article disorders neglects prejudice good order discipline armed forces conduct nature bring discredit upon armed forces wiener supra giaccio pennsylvania coates cincinnati giaccio pennsylvania supra gelling texas federal courts similarly held unconstitutional statutes containing language reflect discredit flynn giarrusso supp ed la offensive pritikin thurman supp sd immoral demoralizing oestreich hale supp ed see lee abr petition review denied reprehensible conduct rio poon cgbr universally reprehended see also note taps real yale winthrop military law precedents ed cited language quoted howe giordano authoritative publications officer guide little better defining conduct unbecoming officer gentleman certain moral attributes belong ideal officer gentleman lack indicated acts dishonesty unfair dealing indecency indecorum lawlessness injustice cruelty every one expected meet ideal standards possess attributes exact degree demanded standards time limit tolerance individual standards respects officer cadet fall without morally unfit officer cadet considered gentleman article contemplates conduct officer cadet taking circumstances consideration satisfactorily shows moral unfitness reynolds officer guide winthrop military law precedents ed cases embodying definitions see sadinsky holiday see also manual containing identical language journell afbr kupfer abr aff west afbr petition review denied alcantara abr aff listing representative convictions art see moyer justice military see also nelson conduct expected officer gentleman ambiguity af jag rev sanchez clark afbr petition review denied holt drafters manual admitted much characterizing discredit clause art catchall military law legal legislative basis manual admitting language art vague drafters state judicial interpretation vague words since expanded narrow construction placed author point used legal justification sustain convictions practically offense committed one military service either specifically denounced article crime offense capital disorder neglect prejudice good order discipline id see ford abr petition review denied conviction art showing allegedly obscene photograph friend private home reversed waluski conviction art passenger leaving scene accident reversed see also swaim fletcher smith whitney see generally comment discredit clause ucmj unrestricted anachronism rev cf warren bill rights military rev wiener bill rights original practice ii harv rev see comment supra cf avrech secretary navy app clark prob juris noted record indicates levy unlike many medical officers entering active duty attend basic military orientation course fort sam houston texas instead came fort jackson directly civilian life fort jackson received hours military training small portion devoted military justice suggests ante problems general articles may ameliorated requirement art provisions code carefully explained enlisted member time entrance active duty within six days thereafter explained completed six months active duty even assuming arguendo possible carefully explain general articles believe art cures vagueness statutes record case indicates levy received brief amount instruction military justice presumably fraction instruction devoted general articles see supra moreover army regulations indicate minutes instruction initial military justice lesson enlisted men devoted arts ucmj minutes instruction arts provided class department army army regulation training military justice june army subject schedule military justice enlisted personnel training june obviously portion total minutes set aside instruction pertaining general articles myopic pretend limited instruction amorphous criminal statutes provided military personnel genuine expertise subject even assuming anybody ever acquire expertise manual app see sadinsky jumping ship sea sanchez sexual acts chicken see also avrech secretary navy app manual app legal legislative basis manual manual app spec app spec app spec similarly specifications concerning art cover dissimilar offenses copying examination paper drunk disorderly failing pay debt failure keep promise pay debt app specs nowhere art specifications mention conduct levy charged app specs app specs see smith mccormick cases military appeals indicated belief congress empower president promulgate substantive rules law military see also barnes margelony cf question whether executive inherent power apparently left open reid covert necessary resolve case enough note military appeals clearly held inclusion specific conduct manual necessarily mean violative general articles given position highest military hardly conclude serviceman ever receive authoritative notice form specifications scope articles see mccormick waluski manual app spec also holds even general articles might considered vague offenders appellee standing raise claim since known conduct forbidden ante extent conclusion rests holdings general articles given content limiting judicial constructions military custom manual indicated disagreement underlying premises extent conclusion rests language general articles think simply mistaken words arts vague beyond repair able discern objective standards conduct phrases conduct unbecoming officer gentleman conduct nature bring discredit upon armed forces words bad reprehensible given essential uncertainty conclude statutory language clearly warned appellee speech illegal may course levy subjective feeling conduct violated military law enough pointed bouie city columbia determination whether criminal statute provides fair warning prohibitions must made basis statute pertinent law rather basis ad hoc appraisal subjective expectations particular defendants cf heller dell ed accuse also commission crimes infractions even know yet guilty innocent know sir say tell tell know general hodson suggests place art department defense various military commanders promulgate specific sets orders outlawing particular conduct disobeying orders prosecuted art ucmj outlaws failure obey lawful order see also note taps real yale containing similar suggestion