United States v. Brinson

I concur in the opinion of my colleague, Judge Sullivan. I write separately to answer some of the questions raised by Judge Crawford. First, it cannot be gainsaid that the language used on the night in question was gross, vulgar, and profane. Neither can it be denied that such outrageous reaction and disrespect to the security police performing their legitimate duties were, under the circumstances present here, punishable under the Uniform Code of Military Justice.

The question presented, however, is more narrow and academic. It is not whether gross, vulgar profanity can be punished under the…