Marine Entitled to Tea Party Anti-Obama Opinion and to Consequences for Spreading It

Posted: April 14, 2012 in American, conservatives, law, leadership, Marines, Oath, Obama, Politics, president, President Obama, Republicans, responsibility, Sgt. Gary Stein, Tea Party

RXZ75R3ENVK8

Independent thinking isn’t encouraged in the military. Marines don’t all have those same haircuts because they want them. They don’t run through those obstacle courses, dress alike or even go to live in Iraq or Afghanistan for years just because they want to do so. You don’t question your superiors in the military because you can’t. Lives depend on unquestioned authority. Once you take the oath, you don’t get to pick and choose what you will and won’t do.

As a Marine, I’m sure that if U.S. Marine Sgt. Gary Stein gave an enlisted man or woman an order he would not expect him or her to ask why? He would expect immediate compliance.  He should expect no less of himself.

Gary Stein chose the Tea Party over the Marines, his President and his Country and so he has no right to whine when his Country demands he turn in his uniform.

A Marine Corps administrative board has recommended that U.S. Marine Sgt. Stein be given an other-than-honorable discharge because it says he violated the Uniform Code of Military Justice and the Department of Defense policy on political speech when he posted anti-Obama comments.

Sgt. Stein claims he was exercising his First Amendment rights on his Armed Forces Tea Party Facebook page when he posted pictures of the President superimposed on posters of the movies “Jackass” and the “Impossibles” (which he re-titled the “Horribles”) and also posted that he would not obey an order from President Barack Obama.

In creating and administering a public Facebook page and in posting comments which his superiors say “were prejudicial to good order and discipline, and (which) could have influenced junior Marines” on a Facebook page used by Marine meteorologists Stein chose to walk a not-so-fine line. He made a deliberate choice to continue to walk that line when the Marines suggested his Tea Party page might reflect poorly on the Marines. Stein took down the page, and made the decision on his own to repost the page after adding a disclaimer saying that it was not a product of the United States Armed Services and modifying his stance on the President to read that he would not obey an “unlawful” order.

Department of Defense Directives 1344.10 limits permissible political activity while one is in active service. That is as it was when Sgt. Stein enlisted and that is how it continues to this day. The Directive states that a member of the Armed Forces on active duty “may express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces.”

Stein maintained in a lawsuit filed in Federal Court that he was exercising his First Amendment rights and was not in violation of military policies when he criticized President Barack Obama on his Facebook page. He argued that even if he had violated the policy then the policy was itself unlawful as it violated his right of free speech. He sought to stop the administrative separation hearing that ultimately recommended his dismissal. The Court on April 13 refused to intercede in the military proceedings.
All protestations aside, Stein pretty much gave up his First Amendment rights when he joined the Marines, at least as far as criticizing his Commander in Chief goes and he knew it. The military has had a policy since the Civil War limiting the free speech of service members, including criticism of the Commander in Chief.

The argument that he wasn’t identifying himself as a Marine on his page doesn’t fly. The argument that he was on his own time or not on duty doesn’t work either. Marines, soldiers, sailors, are kind of like police officers, fire fighters or parents; they are never off duty, even when they take off their uniforms.

Then there’s that pesky oath he took when he enlisted. The one that goes like this:

      “I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

 See, on day one he promised to “obey the orders of the President of the United States and the orders of the officers appointed over me” both of which he flouted in suggesting he would decide what was an unlawful order. The Marine Corps cannot risk keeping a Marine who may decide to lay down his arms if he decides he disagrees with the cause.

Stein cited a 1999 District Court case, Rigdon v. Perry, as support for his argument that he maintained free speech rights but that argument fails for a couple of reasons. First, it is a Memorandum Decision and therefore cannot be relied upon as precedent and second, that case dealt with military chaplains and the right to free speech in the context of religious freedom.

In that case the Court said:

The “speech” that the plaintiffs intend to employ to inform their congregants of their religious obligations has nothing to do with their role in the military. They are neither being disrespectful to the Armed Forces nor in any way urging their congregants to defy military orders. The chaplains in this case seek to preach only what they would tell their non-military congregants. There is no need for heavy-handed censorship, and any attempt to impinge on the plaintiffs’ constitutional and legal rights is not acceptable.”

This case applies to military chaplains, which Stein is not, and their religious messages even when those messages have political overtones.

It is important to note that the Court said:

“Again, there is no evidence that military readiness or efficiency would be jeopardized(emphasis added) by permitting chaplains to preach in accordance with their religious beliefs.”

You see, when you talk about a chaplain preaching you’re not talking about someone giving a life and death order. The Court noted that military chaplains don’t affect the military part of the military. In Stein’s part of the military, military readiness or efficiency is the very reason for its existence.

So Sgt. Stein was warned and he deliberately chose to pursue his political activity. The administrative board did not buy his argument that the rules were not clear regarding criticism of the Commander in Chief specifically by “social media.” The board’s recommendations of an other-than-honorable discharge go to a general who will either accept or deny them within the next three weeks. If the general disagrees with the board, the case could go to the secretary of the Navy.

 Sgt. Stein was clever enough to make fun of the President. He needs to be man enough to face the consequences.
– Photo PatriotIcon.org
Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s