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Similarly, expressions of opinion made in a purely private conversation should not ordinarily be charged. Giving broad circulation to a written publication containing contemptuous words of the kind made punishable by this article, or the utterance of contemptuous words of this kind in the presence of
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The official or legislature against whom the words are used must be occupying one of the offices or be one of the legislatures named in
Article 88 at the time of the offense. Neither "Congress" nor "legislature" includes its members individually; "Governor" does not include "lieutenant governor". It
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of one of the officials or legislatures named in the article in the course of a political discussion, even if emphatically expressed, may not be charged as a violation of the article.
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is immaterial whether the words used against the official or legislature are used in an official or private capacity. If not personally contemptuous, adverse
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That the accused was then present in the State, Territory, Commonwealth, or possession of the
Governor or legislature concerned.
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That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used.
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That by an act of the accused these words came to the knowledge of a person other than the accused; and
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That the accused used certain words against an official or legislature named in the article;
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100:(Note: If the words were against a Governor or legislature, add the following element:)
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military subordinates, aggravates the offense. Unlike civilian legislation covering
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is addressed in the
Punitive articles, specifically Article 88 of the U.S.
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Dismissal, forfeiture of all pay and allowances, and
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31:Any commissioned officer who uses
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21:Uniform Code of Military Justice
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87:United States armed forces
17:Contempt towards officials
156:Manual for Courts-Martial
25:Manual for Courts-Martial
129:Lesser included offense
81:That the accused was a
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59:or legislature of any
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123:defamation
115:criticism
65:Territory
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57:Governor
45:Congress
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85:of the
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