It seems to me that, as with much in the military (not
everything, perhaps, but much), the First Amendment neither mandates nor
forbids any particular military policy with regard to chaplains' speech.
The Establishment Clause surely can't bar chaplains from endorsing some
theological views -- after all, they're chaplains. Nor can it really
insist that they be "nondenominational"; it's one thing to require such
nondenominationality (more or less) in brief government statements, or
even in brief, pro forma prayers, but as I understand it the chaplain's
duties including conducting actual services, which it's hard to make
nondenominational.
At the same time, it seems to me that the speech interests of a
chaplain, like that of any other soldier, must be subordinated to the
needs of military discipline and morale. Chaplains' publicly saying
things that alienate soldiers from the chaplain, or from each other, may
well worsen morale, and the military is entitled to restrict that.
Naturally, anything chaplains say may offend the hypothetical
observer who's offended by any government statement on religion. But
some things, including stressing the damnation of those who don't share
the chaplain's philosophy, are likely to offend many more people who
hear the statements or hear of the statements, and to offend them more
severely; moreover, they may well lead to a weakening of unoffended
listeners' bonds of camaraderie with their dissenting fellow soldiers.
If the military tells chaplains that they had best limit their preaching
to things that help the military mission rather than hurt it -- or, if
their faith demands otherwise, that they return to civilian life --
that, it seems to me, would be entirely constitutional.
Eugene
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