Parker v. Levy

Background

Howard Levy was a physician and an Army captain assigned to a hospital. He refused a written order to conduct training and publicly told enlisted men he would refuse to go to Vietnam and urged some to disobey. A general court-martial convicted him under three military articles, and he was sentenced to dismissal, forfeiture of pay, and three years’ confinement; military appeals failed and a federal appeals court struck down the general articles as vague before this Court reviewed the case.

Reasoning

The majority said the military is a specialized community with its own rules and long traditions. The Court relied on historical practice, military decisions, and the Manual for Courts-Martial to narrow the meaning of the general articles. It found Levy’s statements and his refusal to obey an order clearly fit within offenses that genuinely threaten military order, so the articles were not unconstitutionally vague or overly broad as applied to him.

Real world impact

The decision allows the military to use broad misconduct articles to punish officers who publicly urge enlisted troops to disobey orders or who refuse lawful commands, reducing the scope of protected speech while in uniform. The Court left other factual and sentencing attacks for lower courts to consider on remand. The Supreme Court reversed the appeals court.

Dissents or concurrances

Justices Douglas and Stewart dissented, arguing the general articles are vague and that Levy’s political speech should have First Amendment protection; Justice Blackmun concurred, stressing the need for military discipline and that officers should know prohibitions.