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FYI, whether it would hold up in court or not is irrelevant. If the Ubi lawyers think there is even a possibility of the content prompting any form of legal action, then they will bar inclusion of the content. The likelihood of someone taking action or the potential outcome of a lawsuit is irrelevant.
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Do any of the crew show rank insignia? Officers with railroad tracks, PO crows? We've already seen an obsolete USMC insignia. If the Weapons Officer has bars on his collar that's a more literal violation of this statute than any medal would be.