Marine to argue free speech case at hearing

Yahoo ^ | 5 Apr 2012 | JULIE WATSON

[shove_it]

CAMP PENDLETON, Calif. (AP) — A Marine facing dismissal for running a Facebook page criticizing the Obama administration is now backed by a team of lawyers and federal congressmen as he fights to stay in the military and test its age-old policy of limiting the free speech of service members.

Sgt. Gary Stein will appear before a military board at Camp Pendleton on Thursday to argue his case.

The 26-year-old Marine has been rallying for support since he was notified last month that the military was moving to discharge him after determining he was in violation of the Pentagon policy barring service members from engaging in political activities.

Stein's lawyers and the American Civil Liberties Union say his views are protected by the First Amendment.

"The military may be different from the civilian world, but it's not exempt from the First Amendment," said David Loy, legal director for the ACLU of San Diego and Imperial Counties. "Sgt. Stein didn't say anything for which the Marine Corps has any right to punish him. He did not threaten order or discipline or take positions that anyone would attribute to the Corps. Indeed, the Corps is threatening loyalty and morale by persecuting a good Marine for exercising his free speech rights."

The nine-year member of the Marine Corps says he started a Facebook page called Armed Forces Tea Party to encourage fellow service members to exercise their free speech rights.

The Marine Corps has said that it decided to take administrative action after Stein declared on Facebook that he would not follow unlawful orders from Obama.

California federal Rep. Duncan Hunter, R-Alpine, a former Marine, wrote a letter to Stein's commanding officer stating the sergeant should not face dismissal for an opinion shared by "a majority of Marines."

[...]

[Future Snake Eater]

I agree. That reasoning would happen prior to the bad stuff happening for some, but it would have a deleterious effect on the ranks over time.

There are just a lot of other issues I can think of. For instance, the #1 rule of insurgencies—be more popular than the invading force. AQI was TERRIBLE at it, and that’s why they lost. Well, it would be easy to paint an insurgency in the US as killers of brave Soldiers and Marines while it’s very clear those same forces are using non-lethal weapons to detain (we have tons of non-lethal stuff from GWOT). That’s a major PR bust right there. Also, the military can render aid that insurgents just can’t, so that adds to the cumulative effect.

It’s a tough nut to crack, no matter how it goes.

[W. W. SMITH]

That meaning what?

That I did twenty years active, yes!
That I participated in shoot the breeze discussions concerning civil rights VS UCMJ, yes!
Did we have to shoot anyone, NO!
Did anyone attempt giving us unlawful orders, NO!

By the way my use of the word shoot was meant only in an immediate, have to act, situation. Most of the time it was resolved that the miscreant would be placed under arrest and in confinement.

[Old Teufel Hunden]

Shoot senior, you’re practically a native German!

[shove_it]

Meaning have you ever been in a situation where your military unit is ordered to control U.S. citizens rioting against civil authority? It is a situation that doesn’t happen very often. Thank you for your service, sir.

[Old Teufel Hunden]

I would shudder to think about our troops firing on unarmed civilians like the situation you laid out. That’s why I’m a big proponent of Posse Comitatus. True, it was not part of our founding documents, but I believe that it is strongly within the spirit of our founder’s (and mine) beliefs.

Our federal troops should only be used to guard the borders at home (IMO). I think that does not violate Posse Comitatus as we are protecting our citizens against outsiders. However, they should not be carrying out any other real world operations within our borders.

Is the “Old Guard” a National Guard Unit? I thought crowd control like that would be a function of a state national guard. It should not IMO be a function of the Army per Posse Comitatus.

[shove_it]

The Old Guard (TOG)is the oldest active infantry unit in the U.S. Military. Though I can't say for sure, I assume many other active, reserve, national guard and civilian police units were on alert during the “Freedom March”. The mission of the TOG in those days, as it is today, is mainly ceremonial but TOG was and is a well trained and equipped infantry combat unit.

Since then and especially after the so called “Kent State Massacre” in 1970, specialty military police units have been formed to handle civilian “situations” such as these. Two such units are attached to TOG in the National Capitol Region.

http://www.army.mil/info/organization/unitsandcommands/commandstructure/theoldguard/

[ops33]

And like a good GI, both of my kids were born in Army hospitals overseas.

[Old Teufel Hunden]

"And like a good GI, both of my kids were born in Army hospitals overseas."

In the Marine Corps, your kids are born in Navy hospitals. But not necessarily overseas. However, you are usually overseas when the kids are born stateside. This happened to me for one of my two kids.

[ops33]

The price we pay for the priviledge of serving!

[Bringbackthedraft]

“Men, you may have to kill some Americans today”................... Hmmmmmm, Kent State.

[shove_it]

Keep reading.

[KeyLargo]

US Marines Give President Obama Lowest Ratings Ever

http://godfatherpolitics.com/4727/us-marines-give-president-obama-lowest-ratings-ever/