Monday, April 16, 2012

True Freedom of Speech?



If you know me, then you know that I have probably had an opinion on something as long as I could speak. I guess it all began at those Christmas and Thanksgiving Dinners I witnessed as a child , where the men, My Grandfather, My uncles, etc. would debate the young men,  my older cousins who were college students on every debatable topic...from sports to civil rights to politics in general...No, I didn't take part in them then....I was too young, but I listened and I learned and a generation later...I was involved in some of them...

I was also in the military too for a time...and serving under two Presidents I didn't particularly agree with...Ronald "The Great Communicator" Reagon and George Herbert Walker Bush.....They were my Commanders in Chief and I was forbidden by the UCMJ to criticize my Commanders in Chief or endorse any political party while in uniform....That's the law...That's the rule...All service members know that we don't have the same Freedom of Speech and expression that civilians do.

There was no Facebook or Twitter or Myspace when I entered the military and I think I was out of the military at least three years when two of these social networks did appear.  There was blogs, but they hadn't caught on the way they have now...If these things had existed...I might find myself in the predicament a certain U.S. Marine finds himself in now.


Anybody that has read this blog for any length of time knows that I am a Black Liberal -Progressive ,damn near radical thinker...So it would amaze you that I am the least bit concerned about a Marine who is a Tea Party sympathizer and who is anti- Obama....Let me tell you his story first ,if you haven't already heard and then I'll make my point.

Gary Stein, the Marine pictured above who criticized President Barack Obama on his Facebook page has committed misconduct and should be dismissed, a military board recommended late last Thursday.

The Marine Corps administrative board made the decision after a daylong hearing at Camp Pendleton for Sgt. Gary Stein. The board also recommended that Stein be given an other-than-honorable discharge. That would mean Stein would lose all of his benefits and would not be allowed on any military base.

The board's recommendations go to a general who will either accept or deny them. If the general disagrees with the board, the case could go to the secretary of the Navy.

Sgt. Stein's lawyers argued that the 9-year Marine, whose service was to end anyway in four months, was expressing his personal views and exercising his First Amendment rights.

"We're truly surprised and disappointed but it was an honor to fight for a hero like Sgt. Stein and every other Marine's right to speak freely," Stein's defense attorney Marine Capt. James Baehr said.

Sgt.Gary Stein addressed board members during Thursday's hearing, telling them he loved the Marine Corps and wanted to re-enlist, Baehr said.

During the hearing, the prosecutor, Capt. John Torresala, said Stein went as far as superimposing images of Obama's face on a poster for the movie "Jackass."

Captain Torresala argued that Stein's behavior repeatedly violated Pentagon policy that limits the free speech rights of service members, and said he should be dismissed after ignoring warnings from his superiors about his postings.

The government submitted screen grabs of Stein's postings on one Facebook page he created called Armed Forces Tea Party, which the prosecutor said included the image of President Obama on the "Jackass" movie poster. Stein also superimposed President Obama's image on a poster for "The Incredibles" movie that he changed to "The Horribles," the prosecutor said.


Torresala also said anti-Obama comments by Stein that were posted on a Facebook page used by Marine meteorologists were prejudicial to good order and discipline, and could have influenced junior Marines.

Stein's security clearance was taken away and he has no future in the Marine Corps because he can't do his job without that clearance, Torresala said.

"The Marine Corps community views the command's lack of action as some kind of knock on good order and discipline," Torresala said. "Our own people are questioning why this Marine is not being held accountable."

Baehr said during the hearing that prosecutors were trying to dredge up any damaging information they could against Stein.

"There is no basis in this case," Baehr said. "Sgt. Stein has broken no law."

Baehr expressed after the hearing that he hoped that the recommendation would be rejected by the general, saying the case will go forward. "The issues are too important for this to end today," he said.

The military has had a policy since the Civil War of limiting the free speech of service members, including criticism of the commander in chief.

Pentagon directives say military personnel in uniform cannot sponsor a political club; participate in any TV or radio program or group discussion that advocates for or against a political party, candidate or cause; or speak at any event promoting a political movement.This is what I spoke of a few paragraphs above...We are clearly informed of that as early as Boot camp or Basic training as it is properly known.Commissioned  and Non-Commissioned officers also may not use contemptuous words against senior officials. Another thing we are all told in basic training.

Backed by a team of lawyers and congressmen, Sgt.Stein has said he is fighting for his constitutional rights and should be allowed to stay in the military. His lawyers and the American Civil Liberties Union contend his views are protected by the First Amendment.

"Think about how dangerous this could be if the U.S. government can prosecute you for something you say on your private Facebook page," Baehr said.Which is my only concern here...I could care less about his Tea Party beliefs..You know I abhor the Tea Party , but I am concerned about employers asking for your Facebook log in and actually terminating people for things they've posted on their private Facebook page. This is the main reason...I write most of my political thoughts on this blog and keep my Facebook and My Twitter page drama free.

Sgt.Gary Stein has said his opinions are his own and has put a disclaimer on his Facebook page saying so. His attorneys argued service members have a right to voice their opinions as long as they do not appear to be presenting their views as being endorsed by the military. They say the Pentagon policy is vague and military officials do not understand it. Actually it's not vague at all...It's very precise and we do understand it.

I could have very well of found myself in Gary Stein's position had Facebook ,Twitter and Blogger been around when I was in the military. I was very much opposed to President's Reagon, Bush and Bush Jr.'s Economic and Foreign policies when I was in the military...but back then I kept my opinions to myself or expressed them behind a beer at a bar to like minded individuals...I left nothing in
print back then...But is that exercising free speech?

I have my own ideas on this subject...What are yours??

3 comments:

gifts to India said...

Yes I know you very well and always read your all post...

Arlene said...

Keith, I do support free speech but the limit should be in place for members of the armed forces. You must have missed the little bruhaha on FB a few weeks ago when our marine cousin put up some untoward ranting about a picture of our president. I simply said I'd pray for him and he went off! I was upset that he would rail on me the way he did but then I remembered that he's a Marine, in Arizona, and I think that would make anyone little crazy. They train in that horrible heat and are menaced by a crazy governor and nutty sherriff. Arizona won the "head up the a$$" award on Bill Maher's show! (I guess I'll have to get my boys on him if he reads this.) When you accept the job of citizen soldier you must support the leader or at least remain silent in your disputes. That's the way of the military!! Even families operate this way. Argue at home, present a united front to the world!!

And there were girls in those early conversations. I remember Uncle Johnson helping me hone my political thinking by just taking the opposite of his points. Older folks in our family were conservative in their beliefs and we, the younger ones, were as liberal as we could be!!

Mizrepresent said...

As a govt employee, i know the rules, and i know what i can express, say and not. So does this man. It's not a matter of free speech when you are given the rules at the time you became employed. What he did was in contradiction to the oath he took, period. BTW i think now he is just being used by those who are trying to degrade our president, an although these may be his personal opionions, they are being used in a much public way to injure and create a climate of animosity.




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