For federal security clearance, Guideline A of the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information addresses “Allegiance to the United States.” However, most issues perceived as involving “Allegiance to the United States” are actually covered under “Foreign Influence” (Guideline B) and “Foreign Preference” (Guideline C).
Criticism of government policy or government agencies is protected by the First Amendment to the U.S. Constitution. Even abstract or purely hypothetical advocacy of violent overthrow of the government is constitutionally protected speech, provided it does not seek to incite imminent unlawful action (sedition). Except for military personnel who are held to a higher standard, merely voicing opposition to the government or existing laws is not unlawful and not a security concern.
Everyone understands that involvement in unlawful activities to support foreign interests to the detriment of U.S. national security could result in the denial of security clearance. Almost everyone understands that sympathetic association with people involved in these types of activities could also result in clearance denial. However, sympathetic association with groups that use or advocate violence to achieve domestic political or social objectives may be less clearly understood as a potentially disqualifying condition for security clearance. Involvement in extremist organizations, such as hate groups, antigovernment patriot groups, and single-issue groups (i.e. Animal Liberation Front and Earth Liberation Front) fall into this category.
The tactics used by these groups vary greatly. Some operate completely within the law, using non-violent demonstrations to further their cause. Others organize lawful demonstrations with the intent of causing violence through vociferous, confrontational speech to gain greater media attention. A few advocate and use unlawful “direct action.” Membership in an organization that seemingly advocates only lawful, non-violent means to attain its objectives can be complicated by the existence of an underground faction of the organization that engages in unlawful direct action, and some members can be unaware that their contributions are funneled to the underground faction.
In addition to security clearance, the two other major federal personnel security programs also contain disqualifying criteria related to allegiance, but are more limited in scope than the Adjudicative Guidelines.
• Disqualifying acts must be overt, defined illegal acts.
• Disqualifying advocacy must be the incitement or indoctrination to commit defined illegal acts.
• Disqualifying associations require the individual to know of the organization’s unlawful goals, and for the individual to be an active member of the organization or to have the specific intent to further its unlawful goals.
• The individual is known to be or reasonably suspected of being a terrorist.
• The individual has knowingly and willfully engaged in acts or activities designed to overthrow the U.S. Government by force.
Cases involving potentially disqualifying activities related to allegiance (where clear and persuasive mitigation is not present) are rarely adjudicated for credentialing, suitability/fitness, or security clearance determinations. In the past 15 years there has not been one case involving the issue of “allegiance” decided by a Defense Office of Hearings and Appeals (DOHA) administrative judge. In most cases if a federal background investigation surfaces credible information of conduct specified under Guideline A, the background investigation would be promptly closed and the case would be referred to a federal criminal/counterintelligence agency for further investigation.