Carelessness on social media and apps can trigger administrative or disciplinary action under the UCMJ, including court-martial. The costs can range from the professional to the criminal and even the deadly. During Operation Epic Fury, for instance, Navy Secretary John Phelan issued a memo on the potential risk to OPSEC (Operational Security). It warned servicemembers to watch their posts and check their phone privacy settings.

But apart from OPSEC concerns, social media and apps are a professional minefield for servicemembers. This is because of the false illusion of privacy, anonymity, and impermanence they provide.

Professional Risks of Social Media and Apps for Military Members

Command is invested in educating you on the risks of digital activity to OPSEC. They are less invested in educating you on the risks to your own military career as an individual. Military members are held to a high standard of conduct on duty, off duty, and online. This includes what you post, like, comment on, and share on social media, but also what you exchange “privately.”

False Illusion of Privacy

Servicemembers may mistakenly assume that privacy settings or app features like disappearing messages make it safe to share inappropriate content. This is simply not the case.

Snapchat and Instagram

Snapchat notifies you if the other party takes a screenshot. Instagram also alerts users if someone has taken a screenshot of disappearing photos or while in Vanish Mode. These features do not guarantee privacy. Anything sent—such as explicit and graphic photos—can be photographed by another camera and sent to a different device without your knowledge or consent.

To address violations like the 2017 Marines United Facebook incident, Article 117a was added to the UCMJ to prohibit malicious distribution of sexually graphic, explicit, or intimate images of another person without their consent: AKA “revenge porn.”

Even if the sender believed the picture they sent over Snapchat or Instagram would disappear, it is still a crime and punishable by court-martial. Article 117a specifies that the image need not be permanently stored to qualify as a violation. 10 U.S.C. § 917a(b)(7)(B).

Texts and Online Messages

Screenshots of text conversations or disappearing photos can be produced as exhibits or submitted as evidence for conduct violations. Avoid messages or activity that involves or could give the appearance of:

• Demeaning remarks or images targeting race, religion, ethnicity, national origin, political beliefs, or sex
• Posts condoning violence
• Bullying
• Hazing
• Sexual harassment
• Stalking
• Partisan political activities

Treat every in-app, online, or text exchange while serving in the military like your superior officer is looking over your shoulder.

Digital Forensics and Standard of Evidence

Though most kids could fake a screenshot, a screenshot is plenty enough evidence for an Article 15. In a criminal or civil court, a screenshot of an in-app exchange or text conversation is unlikely to be admissible as evidence on its own without authentication. Acceptable screenshot authentication methods can vary between jurisdictions: digital forensics, corroborating witness testimony, etc.

Military justice doesn’t operate under the same standards as civilian courts. While a court-martial may demand a higher standard of proof (beyond a reasonable doubt), Non-judicial Punishment works with a far lower standard of a preponderance of evidence: “more likely than not.” A screenshot of your “private” Snapchat exchange may well fit the bill.

Social Media and Free Speech in the Military

Recently, the military has been cracking down on servicemembers’ social media activity. After the September 5, 2025 assassination of Charlie Kirk, for example, the Pentagon disciplined a number of servicemembers for their posts. It isn’t just what you say or post yourself that might get you in trouble: it could be sharing, commenting, and liking other people’s posts, too.

When the lines for what is considered safe and unsafe to post are vague, the best way to protect yourself is to ask: How would your superiors react to seeing your activity? Engaging with the wrong content could paint a bad picture of yourself, the branch you serve, and the U.S. military. Violating the UCMJ—even online—could have you facing criminal prosecution, court-martial, or administrative separation (ADSEP).

Social Media Engagement with Extremist Activity

DoW policy underlines just how seriously the military takes social media. DoDI 1325.06 prohibits extremist activities, including online engagement. If a servicemember interacts with social media posts from accounts associated with extremist groups, that may constitute “active participation” in extremist activities. This could include:

• Posting
• Liking
• Sharing
• Up-voting
• Forwarding via message, including via “vanishing” messages or “private” chats

Political Activity on Social Media

Department of Defense Directive (DoDD 1344.10) limits the political activities of servicemembers, both on and off duty. You may know that before attending a partisan political event, you should leave your uniform at home. But when posting on social media, extra care must be taken to avoid the appearance of speaking while digitally “in uniform” by:

Check your profile: Does your profile picture show you in uniform or otherwise communicate your affiliation with the armed services?

Check your signature or other automatic caption: When you post, share, like, or comment on political content, be careful not to link any endorsement to your military membership.

Watch what you share: Never share political links or content with your subordinates.

Protecting Your Career as a Military Servicemember

As a servicemember, you are held to the same high standards online as anywhere else. Your free speech rights won’t protect you when engaging in digital activity that violates the law or military values. A violation of the UCMJ is a violation of the UCMJ: whether it happens via text or a “private” online exchange or not.

Do Not Count on Privacy Settings to Keep Your Activity Private

• Your conduct online matters, whether it is “friends only” or not. Both public and private social media or digital activity that the UCMJ may be punished.
• Anything you see on your screen can be captured and used as evidence against you.

Check Before You Post or Engage

• Always assume your superiors are looking over your shoulder before you share.
• Beware of political posting and public displays of partisan preference or party/candidate loyalty while on duty, in uniform, or in any way presenting yourself in your military capacity. Always be mindful of any uniforms, insignia, or other identifying information visible in a political post.
• Avoid engaging with content that demeans, mocks, or threatens people based on their race, religion, sex, ethnicity, or national origin.
• Be cautious before liking, following, commenting on, sharing, posting any content that involves disparaging and disrespectful remarks about anyone, but especially public officials, officers, and fellow servicemembers.

Manage Your App Permissions, Account Privacy, and Device Settings

• Be mindful of cybersecurity threats. Audit your personal device for the permissions apps have, like tracking location, keystrokes, accessing your camera or microphone.
• Disable geotagging of photos and texts.
• Keep your device and apps updated to keep them secure.

A Final Word for Military Servicemembers on Social Media and Apps

Before engaging with any inappropriate or controversial content online—posting, sharing, liking, or commenting—ask yourself: “Is this worth my career?” Military members are expected to hold themselves to a higher standard, and you must be cognizant of your social media activities: what they say about you as well as the branch you serve.

Compromising your branch’s reputation and violating the UCMJ could have you facing criminal prosecution, court-martial, or administrative separation (ADSEP). Far too many servicemembers have had their careers significantly damaged through social media apps.

Nothing on the internet is every truly temporary, and nothing done on social media or apps is truly private. Even if you post through private or anonymous accounts, your actions can still be linked back to you. You must remain prudent and vigilant: don’t let something like social media activity be what destroys your career.

Remember: Digital footprints aren’t made in clouds. They’re made in concrete.

The military law attorneys at Tully Rinckey PLLC were servicemen and women long before they became lawyers. They know the military, they know the law, and they are ready to fight hard on your behalf. If you have additional questions, our team of dedicated military law attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Sean C. Timmons’ years of experience as an active-duty U.S. Army Captain in the selective and prestigious U.S. Army Judge Advocate General’s (JAG) Corps are a valuable asset to Tully Rinckey PLLC’s military law practice group. An aggressive and tenacious advocate for all service members facing legal issues, Sean is able to pull from his significant and diverse experience as an active-duty attorney in the Army JAG Corps, and as a civilian military law attorney, and forcefully and efficiently represent service members in both administrative and criminal proceedings across the United States and around the world.